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Madras High CourtCRL OP(MD)/13902/2020dismissed

Gnanavallapadas Pandiyan v. The Superintendent Of Police

2021-01-19Honourable Mrs Justice R. Hemalatha2 pages

CRL.O.P(MD).No. 13902 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.01.2021 C O R A M THE HONOURABLE MRS JUSTICE R. HEMALATHA CRL.O.P(MD).No. 13902 of 2020 Gnanavallapadas Pandiyan Petitioner Vs.

1.

2. The Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, District Crime Branch, Thoothukudi District.

3.M. Mahesh Respondents Prayer: This Criminal Original Petition is filed under Section 482 Code of Criminal Procedure to direct the 2nd respondent not to harass the petitioner under the guise of an enquiry. For Petitioner : Mr. A. Uthayakumar For R1 and R2 : Mr. A. Robinson Government Advocate (Criminal Side)

ORDER

The petitioner has filed the present petition under Section 482 Code of Criminal Procedure praying to direct the 2nd respondent, not to harass him under the guise of an enquiry.

2. Mr.A. Robinson, learned Government Advocate (Criminal Side) who accepts notice for the respondents 1 and 2 would contend that this is a case of job racketing and that the complaint lodged by the 3rd respondent with the 2nd respondent is registered in Current Paper No. P4/26493/347/2020 and is posted for enquiry.

3. In the circumstances, the respondent Police is directed to follow the guidelines issued in the decision in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL.O.P(MD).No. 13902 of 2020 4.With the aforesaid direction, the Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) NOTE: In view of the present lock down owing to COVID19 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, Thoothukudi District.

2.The Inspector of Police, District Crime Branch, Thoothukudi District.

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

CRL.O.P(MD).No. 13902 of 2020 19.01.2021 SJ (CO) NR (09/02/2021) 2P : 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2