Crl.O.P. filed seeking direction to stop alleged police harassment during an enquiry initiated by a complainant. Court directed police not to harass petitioners but to investigate under law, issuing summons if interrogation is needed.
Directed respondent police not to harass petitioners; permitted investigation via summons for interrogation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.03.2016
CORAM :
THE HONOURABLE MS. JUSTICE R.MALA
Crl.O.P.No.5818 of 2016
1.A.Balaji
2.Ananda Narayana Murthy 3.Manimegalai .. Petitioners Vs.
The Inspector of Police,
All Women Police Station,
Iyanavaram, Chennai. .. Respondent
Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondent police not to harass the petitioner and his family members.
For Petitioners : Mr.Gajalakshmi Rajendran
For Respondent : Mr.C.Emalias Additional Public Prosecutor
ORDER
The petitioners have come forward with this petition seeking for a direction, directing the respondent not to harass the petitioners under the guise of enquiry
jewels and a sum of Rs.2 lakhs. He further submitted that there is no harassment to the petitioners. Hence, he prayed for dismissal of the petition.
Crl.O.P.No.5818 of 2016 SV (CO) kk 30/3
3 issues framed by the court
Whether the respondent police could be directed not to harass the petitioners while investigating a complaint.
Whether police investigation can proceed subject to issuance of summons to the petitioners.
How the mandates of D.K.Basu Vs. State of West Bengal apply to police enquiry procedures.
Colour shows how this judgement treated each authority
D.K.Basu Vs. State of West BengalExplained¶20
D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610 · Who else cites this
1 provisions across 1 enactments
1.A.Balaji
2.Ananda Narayana Murthy
3.Manimegalai
The Inspector of Police
R.MALA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
