Madras High CourtCRL OP(MD)/13413/2020disposed of

K.Tamilarasan v. The Superintendent Of Police

2020-12-01Honourable Mrs Justice J. Nisha Banu2 pages

C rl.O.P.(MD)No.13413 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.13413 of 2020 K.Tamilarasan ... Petitioner/Petitioner Vs.

1. State through The Superintendent of Police District Police Office Trichy District

2. The Inspector of Police All Women Police Station Karur & Karur District ... Respondents/Respondents

3. R.Mythili Rajan ... Proposed 3rd Respondent/ Defacto Complainant (the 3rd respondent is impleaded as per order of this Court in Crl.M.P(MD).No.6319 of 2020 dated 01.12.2020) PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent police not to harass the petitioner without any specific true complaint. For Petitioner : Mr.A.Aruljenifer For Respondents : 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 without any specific true complaint. 2.The learned Additional Public Prosecutor appearing for the respondents, on instructions, would submit that after conducting enquiry, the complaint was closed on 08.11.2020. He further submitted that during enquiry, the petitioner had given an undertaking that he would marry the defacto complainant. 3.Per contra, the learned counsel for the petitioner would submit that the petitioner has not given any such assurance.

4. Heard the learned counsel appearing on either side. https://hcservices.ecourts.gov.in/hcservices/ 1/2

C rl.O.P.(MD)No.13413 of 2020 5.Whatever might be the circumstances, the respondent police are directed 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.

6.Accordingly, this Criminal Original Petition is disposed of. Sd/- Assistant Registrar // True Copy // / /2021 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. To

1. The Superintendent of Police District Police Office Trichy District

2. The Inspector of Police All Women Police Station Karur & Karur District

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

Crl.O.P.(MD)No.13413 of 2020 01.12.2020 (2/2) MK(co) CS: 18.01.2021 3P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2