Kumaran v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.05.2023

CORAM:

THE HONOURABLE MRS. JUSTICE R.THARANI 1.Kumaran 2.Ramesh 3Karthikeyan 4.Saravanan

...Petitioners

Vs 1.The Superintendent of Police, Office of Superintendent of Police, Virudhunagar, Virudhunagar District.

2.The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Sattur, Virudhunagar District.

3.The Inspector of Police, Taluk Police Station, Sattur, Virudhunagar District.

4.Prem Kumar

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying this Court to direct the 2nd and 3rd respondent and not to interfere into civil dispute and thereby not to harass the petitioners and his family members based on the false complaint of the 4th respondent under the guise of enquiry.

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For Petitioners : Mr.B.Rajesh Saravanan For Respondents 1 to 3 : Mr.S.Manikandan Government Advocate (Crl. Side)

ORDER

This petition is filed to direct the respondents 2 and 3 not to harass the petitioners and his family members under the guise of enquiry. 2.The learned counsel for the petitioners would submit that the respondents 2 and 3 are harassing the petitioners in the name of enquiry. 3.Mr.S.Manikandan, learned Government Advocate, who accepts notice on behalf of the respondents 1 to 3, on instructions, would contend that though summon was served on the petitioners, the petitioners did not turn up and the enquiry is still pending.

4.Recording the aforesaid submission, the petitioners are directed to cooperate with the enquiry and the respondents 2 and 3 are directed not to harass the petitioners physically and un-necessarily and also the respondents 2 and 3 are directed to follow the guidelines issued in the decision in D.K.Basu v. State of West Bengal reported in AIR (1997) SC 610. 2/4

5.With the aforesaid direction, this Criminal Original Petition is allowed.

04.05.2023 NCC : Yes/No Internet : Yes/No Index : Yes/No Mrn To 1.The Superintendent of Police, Office of Superintendent of Police, Virudhunagar, Virudhunagar District.

2.The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Sattur, Virudhunagar District.

3.The Inspector of Police, Taluk Police Station, Sattur, Virudhunagar District.

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

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R. THARANI,J.

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