High Court directed police not to harass the petitioner under guise of enquiry but allowed investigation in accordance with law mandates citing D.K.Basu case while requiring petitioner cooperation for summons-based interrogation.
Directed respondent not to harass petitioner under guise of enquiry; petitioner directed to cooperate if summoned.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.03.2016
CORAM :
THE HONOURABLE MS. JUSTICE R.MALA
Crl.O.P.No.5983 of 2016
Mercy George
.. Petitioner
Vs.
State of Tamil Nadu represented by its The Inspector of Police, F-3, Nungambakkam Police Station, Nungambakkam, Chennai 600 034. .. Respondent
Prayer:-Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondent not to harass the petitioner in Crime No.(Not known) of 2016 on the file of the Inspector of Police, F-3, Nungambakkam Police Station, Nungambakkam, Chennai.
For Petitioner : Mr.Rathina Asohan
For Respondent : Mr.C.Emalias
Additional Public Prosecutor
ORDER
The petitioner has come forward with this petition seeking for a direction, directing the respondent not to harass the petitioner under the guise of enquiry.
pending, the respondent is directed not to harass the petitioner under the guise of enquiry, but let the police 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 police want to interrogate, it is open for the police to issue summons to the petitioner. Thereupon, the petitioner is directed to co-operate for investigation.
Sd/-
Assistant Registrar(CS II)
//True Copy//
Sub Assistant Registrar
To
1.The Inspector of Police,
F-3, Nungambakkam Police Station,
Nungambakkam, Chennai 600 034.
2.The Public Prosecutor
High Court, Chennai.
+1cc to Mr.Rathina Asohan, Advocate Sr.17068
Crl.O.P.No.5983 of 2016
jsv(CO)
srg(21/03/2016)
3 issues framed by the court
Whether the petitioner shall be permitted to investigate without harassing him under the guise of enforcement.
Whether the petitioner shall be summoned to appear for custodial interrogation.
How the respondent police must conduct its investigation into the matter.
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
Mercy George
State of Tamil Nadu
R. Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
