Madras High CourtCRL OP(MD)/13588/2020disposed of

L.Mahesh v. The Superintendent Of Police

2020-12-08Honourable Mrs Justice J. Nisha Banu2 pages

Crl.O.P.(MD)No.13588 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.13588 of 2020 L.Mahesh ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, District Crime Branch, Tirunelveli District.

3.The Inspector of Police, District Crime Branch, Tirunelveli, Tirunelveli District.

4.J.Viyagappan ... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., directing the respondents 1 to 3 herein not to harass the petitioner in the guise of any enquiry on the basis of crime No.3 of 2020 on the file of the third respondent.

For Petitioner : Mr.N.Tamilmani For R1 to R3 : Mr.V.Neelakandan Additional Public Prosecutor.

ORDER

This petition has been filed to direct the respondents 1 to 3 herein not to harass the petitioner in the guise of any enquiry on the basis of crime No.3 of 2020 on the file of the third respondent. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the official respondents. Since no adverse order is going to be passed, notice to the fourth respondent is not necessary.

3.The learned counsel for the petitioner would submit that the petitioner due to money dispute, the fourth respondent preferred a complaint and based on the complaint, FIR was registered in Cr.No.3 of 2020. The petitioner herein is no way connected in any of the transaction, however, the respondent police harass the petitioner in the name of enquiry. Hence, this petition.

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

Crl.O.P.(MD)No.13588 of 2020 5.Considering the facts and circumstances of the case, this Criminal Original Petition is disposed of with a direction to the official 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 petitioners. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) vrn 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, Tirunelveli,Tirunelveli District.

2.The Deputy Superintendent of Police, District Crime Branch, Tirunelveli District.

3.The Inspector of Police, District Crime Branch, Tirunelveli, Tirunelveli District.

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

+1 CC to M/s.N.TAMILMANI, Advocate ( SR-24735[F] dated 09/12/2020 ) Crl.O.P.(MD)No.13588 of 2020 08.12.2020 KUN(CO) KB(30.12.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2