K.Radhakrishnan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU K.Radhakrishnan ... Petitioner vs.

1.The Superintendent of Police, Theni District, Theni.

2.The Deputy Superintendent of Police, Aundipatti, Theni District.

3.The Inspector of Police, Kadamalaikundu Police Station, Theni District.

4.The Inspector of Police, District Crime Branch, Vellor District.

5.Chandrasekar

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents 2 and 4 not to harass the petitioner and his family members based on the enquiry. For Petitioner : Mr.S.Muniyandi For R1 to R4 : Mr.V.Neelakandan, Additional Public Prosecutor

O R D E R

This petition has been filed to direct the respondents 2 and 4 not to harass the petitioner and his family members under the guise of enquiry.

2.The learned counsel for the petitioner would reiterate the contentions raised in the petition.

3.The grievance of the petitioner is that the 5th respondent colluding with the respondents 2 and 4, is trying to get his signature as if he misappropriated money from the 5th respondent while he was an employee and according to the petitioner, the 2nd and 4th respondents without following the due process of law, is continuously harassing him under the guise of enquiry. 1/3

4.The learned Additional Public Prosecutor would state that there is an enquiry pending against the petitioner. 5.Considering the facts and circumstances of the case, the respondents 1 to 4 are directed to follow the principles laid down by the Hon'ble Supreme Court in D.K.Basu vs. State of West Bengal reported in AIR (1997) SC 610, while enquiring the petitioner. This Criminal Original Petition is disposed of with the above direction.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS) bala/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.

To 1.The Superintendent of Police, Theni District, Theni.

2.The Deputy Superintendent of Police, Aundipatti, Theni District.

3.The Inspector of Police, Kadamalaikundu Police Station, Theni District.

4.The Inspector of Police, District Crime Branch, Vellor District.

2/3

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

ORDER MADE IN DATED : 11.11.2020 KG(CO) NR (26/11/2020) 3P : 6C 3/3