Madras High CourtCRL OP(MD)/12398/2020ordered

G.Kumaran v. The Superintendent Of Police

2020-11-05Honourable Mrs Justice J. Nisha Banu2 pages

C rl.O.P.(MD)No.12398 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.12398 of 2020 G.Kumaran ... Petitioner Vs.

1.The Superintendent of Police Theni District,Theni.

2.The Inspector of Police District Crime Branch Theni District Theni 3.P.Ranjith Kumar

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent not to harass the petitioner in the guise of enquiry.

For Petitioner : Mr.A.Velayutham For R1 & R2 : Mr.V.Neelakandan, Additional Public Prosecutor

O R D E R

This petition has been filed to direct the second respondent not to harass the petitioner in the guise of enquiry. 2.According to the petitioner, one Hariharan gave an assurance that he would arrange the Government Job to the petitioner, for which, the said Hariharan had received certain amount. But, he refused to do the same. Hence, the petitioner made a representation, dated 20.10.2020 to the first respondent and requested him to direct the second respondent to conduct the proper enquiry and not to harass the petitioner and his family members. Even then, the second respondent is unnecessarily called the petitioner under the guise of enquiry and harassing the petitioner. Hence, the petitioner is before 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 respondents 1 and 2.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

C rl.O.P.(MD)No.12398 of 2020 5.Considering the facts and circumstances of the case, this Criminal Original Petition is disposed of with a direction to the respondents 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 (crl.side) // True Copy // / /2020 Sub Assistant Registrar(CS) msa 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.

msa To 1.The Superintendent of Police Theni District,Theni 2.The Inspector of Police District Crime Branch Theni District Theni 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P.(MD)No.12398 of 2020 05.11.2020 SJ(CO) KB(19.11.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2