Madras High CourtCRL OP(MD)/14033/2020disposed of

Varatharajan v. The Superintendent Of Police

2020-12-08Honourable Mrs Justice J. Nisha Banu3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.12.2020

CORAM

THE HONOURABLE MRS.JUSTICE J.NISHA BANU 1.Varatharajan 2.Maithily ... Petitioners Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police (Melur Sub Division), 3.State Rep.by The Inspector of Police, Melur Police Station, 4.Kuja @ Sundarammal ... Respondents Prayer : Criminal Original Petition filed under Section 482 Cr.P.C., to direct the third respondent not to harass the petitioners in the name of the investigation.

For Petitioners : Mr.R.Alagumani For R1 to R3 : Mr.V.Neelakandan, Additional Public Prosecutor.

ORDER

This petition has been filed to direct the third respondent not to harass the petitioners in the name of the investigation. 2.Heard the learned counsel for the petitioners 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.

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3.The learned counsel for the petitioners would submit that the petitioners herein are husband and wife and there was some money dispute between the petitioners and the fourth respondent. He would further submit that due to the same, the fourth respondent preferred a complaint before the third respondent, based on which the third respondent called upon the petitioners for enquiry. The petitioners submitted their explanation, even after, the third respondent threatened the petitioners to settle all the money. 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. 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 (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) gns 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, Office of the Superintendent of Police, 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police (Melur Sub Division), 2/3

3.The Inspector of Police, Melur Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.ALAGUMANI, Advocate ( SR-24760[F] dated 09/12/2020 ) 08.12.2020 ARK (CO) NR (18/12/2020) 3P : 6C 3/3