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Madras High CourtCRL OP(MD)/8536/2023allowed

Saravanan v. The Superintendent Of Police

2023-05-04Honourable Mrs Justice R. Tharani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.05.2023 CORAM :

THE HONOURABLE Mrs. JUSTICE R.THARANI Saravanan ... Petitioner Vs.

1.The Superintendent of Police, Madurai District.

2.The Inspector of Police, Kottampatti Police Station, Madurai District.

3.Jeyamani ... Respondents Prayer : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the respondent police not to harass the petitioner on the guise of enquiry on the basis of the false complaint preferred by the third respondent by calling the petitioner frequently.

For Petitioner : Mr.K.G.Arunkumar For Respondents 1& 2 : Mr.S.Manikandan Government Advocate (Crl. Side)

ORDER

The petitioner has filed the present petition under Section 482 Cr.P.C praying to direct the respondent police not to harass the petitioner. 1/4

2.The learned counsel for the petitioner would submit that the respondent police is harassing the petitioner in the name of enquiry. 3.Mr.S.Manikandan, learned Government Advocate, who accepts notice on behalf of the first and second respondents, on instructions, would contend that the third respondent lodged a complaint against the petitioner and the enquiry is still pending.

4. Recording the aforesaid submission, the petitioner is directed to co-operate with the enquiry and the respondent police is directed not to harass the petitioner physically and un-necessarily and also the respondent police is directed to follow the guidelines issued in the decision in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610. 5.With the aforesaid direction, the Criminal Original Petition is allowed.

04.05.2023 NCC : Yes/No Index : Yes/No Internet:Yes/No Mrn 2/4

To 1.The Superintendent of Police, Madurai District.

2.The Inspector of Police, Kottampatti Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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R.THARANI, J., Mrn 04.05.2023 4/4