Single judge granted a direction to the respondent police not to harass the petitioner under the guise of a pending criminal case enquiry, relying on D.K. Basu dicta before disposing the original petition.
Direction to respondent police not to harass the petitioner under the guise of petition enquiry.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.02.2015
CORAM:
THE HONOURABLE MS.JUSTICE R.MALA
Crl.O.P.No.2895 of 2015
Xavier Kanthinathan .. Petitioner
Vs. State rep. by Inspector of Police DCB Land Grabbing Cell, Thiruvellore 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 petitioners in the Blanket of enquiry in CSR No.Not known/2014 on the file of the respondent police.
For Petitioner : Mr.L.Infant Dinesh For Respondent : Mr.V.Arul Government Advocate (Crl. Side) O R D E R
The petitioners have come forward with this petition directing the respondent police not to harass the petitioners in view of the complaint pending against him in Crime No. not known of 2014 on the file of the respondent police.
2.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in the case and hence, the petitioner has come forward with this petition for the above said relief.
3.The learned Government Advocate (Crl. Side) takes notice for the respondent.
4.Considering the submissions made on both sides, I am inclined to give a direction to the respondent not to harass the petitioner under the guise of petition enquiry and follow the dictum laid down in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610.
5.With the above direction, this Criminal Original Petition is disposed of.
Sd /- Assistant Registrar
//True Copy//
Sub-Assistant Registrar
cse
To
1.Inspector of Police
DCB Land Grabbing Cell,
Thiruvellore District.
2.The Public Prosecutor,
High court, Madras.104.
+ 1 C.C. TO MR.L.Infant Dinesh Advocate Sr.6478
Crl.O.P.No.2895 of 2015
KK[CO]
KS 21/02/2015
1 issue framed by the court
Whether the petitioner should be directed not to be harassed under the guise of a petition enquiry in a pending criminal complaint.
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D.K.Basu Vs. State of West BengalExplained¶13
D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610 · Who else cites this
1 provisions across 1 enactments
Xavier Kanthinathan
State rep. by Inspector of Police DCB Land Grabbing Cell, Thiruvellore District.
R. Mala
As recorded by the court registry
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