Madras High CourtCRL OP(MD)/12333/2020disposed of

Kathirvel v. The Superintendent Of Police

2020-11-04Honourable Mrs Justice J. Nisha Banu2 pages

C rl.O.P.(MD)No.12333 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.12333 of 2020 Kathirvel ... Petitioner Vs.

1.The Superintendant of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police Thoothukudi Central Police Station, Thoothukudi Thoothukudi District.

3.Pattani

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent herein not to harass the petitioner herein under the guise of enquiry on the complaint lodged by the third respondent / Pattani, before the second respondent. For Petitioner : Mr.A.Thiruvadi Kumar For Respondents 1 and 2 : Mr.V.Neelakandan, Additional Public Prosecutor

O R D E R

This petition has been filed to direct the second respondent herein not to harass the petitioner herein under the guise of enquiry on the complaint lodged by the third respondent / Pattani, before the second respondent.

2.The petitioner would state that there was a money transaction between the petitioner and the third respondent and the petitioner had settled the dues, the third respondent by using his Official power had constrained the petitioner to execute a document in the second respondent police station under compulsion. Though the dispute pertains to money transaction, the second respondent is conducting a Kangaroo Court, which had constrained the petitioner to approach this Court.

3.When the petition is taken up for hearing, the learned Additional Public Prosecutor, on instructions, would submit that there is an enquiry pending against the petitioner. 4.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the https://hcservices.ecourts.gov.in/hcservices/ 1/2

C rl.O.P.(MD)No.12333 of 2020 respondents 1 and 2.

5.Considering the facts and circumstances of the case, this Criminal Original Petition is disposed of with a direction to the respondents 1 and 2 to follow the principles laid down by the Hon'ble Apex Court in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610 while enquiring the petitioner. Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) rm NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate / litigant concerned.

To 1.The Superintendant of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police Thoothukudi Central Police Station, Thoothukudi Thoothukudi District.

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

Crl.O.P.[MD]No.12333 of 2020 04.11.2020 SSS(CO) KB(19.11.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2