Madras High Court
P.Thekkamalai vs State Rep. By Its Inspector Of Police on 30 September, 2014
Author: R.Mahadevan
Bench: R.Mahadevan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED 30.09.2014 CORAM THE HONOURABLE MR. JUSTICE R.MAHADEVAN CRL.O.P. NO.27365 OF 2014 P.Thekkamalai .. Petitioner Versus State rep. by its Inspector of Police, Paramathi Police Station, Paramathi, Namakkal District. .. Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondent police not to harass the petitioner under the guise of conducting of enquiry without any warrant/summon. For Petitioner : Mr.S.Viswanathan For Respondent : Mr.P.Govindarajan, Additional Public Prosecutor O R D E R
Heard the learned Counsel appearing for the Petitioner and the learned Additional Public Prosecutor appearing for the respondent.
2. The main grievance of the petitioner is that without any valid reason, the respondent is harassing the petitioner for which the learned Additional Public Prosecutor would gainsay such allegations.
3. Whatever might be the circumstances, there shall be no harassment to the petitioner, but the respondent shall investigate into the matter in accordance with law and the mandates as found set out in D.K.Basu Vs.State of West Bengal reported in AIR (1997) SC 610. If, really, the respondent wants to interrogate, it is open for him to issue summons to the petitioner. Thereupon, the petitioner shall appear before the respondent and submit himself for interrogation. The petitioner is also permitted to take the assistance of an Advocate to the limited extent as found envisaged in the precedent cited supra.
4. The petition enquiry, if any, the respondent is directed to complete the same within four weeks and to take further action subject to the out come of the said enquiry and not to interfere into the dispute so long as it remains civil in nature. The parties are directed to co-operate with the enquiry.
5.With the above direction, this petition is closed.
30.09.2014 Index : Yes / No Internet : Yes / No vj2 To
1. Inspector of Police, Paramathi Police Station, Paramathi, Namakkal District.
2.The Public Prosecutor, High Court of Madras, Chennai 600 104.
R.MAHADEVAN, J.
vj2 CRL.O.P. NO.27365 OF 2014 30.09.2014