Dismissed

Thangamani v. the Sub Inspector of Police

Madras HC11 Feb 2013CRL OP(MD)/1499/2013

Case brief

AI extract

What is this about?

Petitioner sought direction under Section 482 CrPC to stop police harassment. Court held no judicial direction needed for general anti-harassment. Granted leave to proceed with investigation without harassing petitioner based on assured performance by government advocate.

What did the court decide?

The respondents directed to proceed with investigation without unnecessarily harassing the petitioner and his family members.

Thangamani Vs the Sub Inspector of Police — Civil Procedure and Limitation | Madras HC (2013)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 11.02.2013

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CORAM: THE HONOURABLE Ms.JUSTICE K.B.K.VASUKI Crl.O.P(MD)No.1499 of 2013 Thangamani Vs.

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... Petitioner

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1.The Sub-Inspector of Police, Anti-Land Grabbing Department, Subramaniapuram, Trichy.

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2.The Inspector of Police, Anti-Land Grabbing Department, Subramaniapuram, Trichy.

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3.The Superintendent of Police, Anti-Land Grabbing Department, Subramaniapuram, Trichy. ... Respondents

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Prayer: Petition filed under Section 482 of the Code of Criminal Procedure, to direct the first and second respondents not to harass and to threat the petitioner's life and limb without any rhyme or reason.

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For Petitioner : Mr.R.Kumar For Respondents: Mr.P.Kandasamy Govt. Advocate (Crl.Side)

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ORDER

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In this Criminal Original Petition, the petitioner has come up seeking a direction to the respondent – police not to harass him and his family members under the guise of investigation or enquiry on a complaint made against him.

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The learned Government Advocate (Criminal Side), per contra, would submit that the petition enquiry is pending and the respondent – police will not harass the petitioner in any manner. The said statement made by the learned Government Advocate (Criminal Side) is recorded.

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In my considered view, no one can be harassed under the guise of investigation or enquiry by the police, which does not require any direction from this Court. As a matter of fact, the Hon'ble Supreme Court in D.K.Basu vs. State of West Bengal reported in AIR 1997 SC 610 has issued certain directions as to how the accused should be treated by the police while he is in custody and while he is interrogated during investigation or enquiry.

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Having regard to the rival submissions, more particularly, the statement made by the learned Government Advocate (Criminal Side) that the respondent – police shall not harass the petitioner, the respondents 1 and 2 are directed to proceed with the investigation, as per the manner known https://hcservices.ecourts.gov.in/hcservices/ to law, without unnecessarily harassing the petitioner and his family members.

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In such view of the matter, the Criminal Original Petition is disposed of with the above observation.

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Sd/Assistant Registrar(AS)

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/True Copy/

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Sub Assistant Registrar

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1.The Sub-Inspector of Police, Anti-Land Grabbing Department, Subramaniapuram, Trichy.

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2.The Inspector of Police, Anti-Land Grabbing Department, Subramaniapuram, Trichy.

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3.The Superintendent of Police, Anti-Land Grabbing Department, Subramaniapuram, Trichy.

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

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+1C.C. to M/s.R.Kumar, Advocate in Sr.No.6239 Crl.O.P(MD)No.1499 of 2013 11.02.2013

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PBK 26/02/2013 ::2P-6C::

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https://hcservices.ecourts.gov.in/hcservices/

Thangamani v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Thangamani v. the Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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