In a petition under Section 482 Cr.P.C., the Court directed the police not to harass the petitioner but allowed investigation in accordance with law, permitting summons for interrogation based on D.K. Basu guidelines.
Respondent directed not to harass petitioner under guise of enquiry; police allowed to issue summons for lawful 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 : 20.04.2016
CORAM :
THE HONOURABLE MS. JUSTICE R.MALA
Crl.O.P.No.8138 of 2016
A.G.Santhanam .. Petitioner
Vs.
State rep. by
Sub-Inspector of Police
Muthialpet police station
Puducherry. .. Respondent
Prayer:- Petition has been filed under Section 482 of Cr.P.C.
to direct the respondent not to harass the petitioner and his
family members in Crime No.not known of 2016.
For Petitioner : Mr.K.Venkatesan
For Respondents : Mr.V.Balamurugane
Addl. Public Prosecutor
(Puducherry)
O R D E R
This petition is filed for issuing a direction to the respondent not to harass the petitioner under the guise of enquiry.
2.The learned counsel for the petitioner would submit that the petitioner has been harassed by the respondent under the guise of enquiry on the basis of the complaint lodged by one Gilbert Robine. Hence, he has come forward with this petition for the above stated relief.
3.Heard the learned Additional Public Prosecutor (Puducherry).
4.Considering the rival submissions made on both sides, 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 https://hcservices.ecourts.gov.in/hcservices/ (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 shall appear before the police and submit himself for interrogation.
kj Sd/-
Asst.Registrar
/true copy/
Sub Asst. Registrar
To
1.The Sub-Inspector of Police
Muthialpet police station
Puducherry.
2.The Public Prosecutor, (Pondy), High Court, Madras.
+ 1 cc to Mr.K.Venkatesan, Advocate Sr 24179
KR/2/5/16
Crl.O.P.No.8138 of 2016
3 issues framed by the court
Whether police investigation would amount to harassment of the petitioner under the guise of enquiry.
Whether the petitioner shall submit himself for interrogation if summoned by the police.
Whether to balance the right against harassment with the mandate of police investigation.
Colour shows how this judgement treated each authority
D.K. Basu v. State of West BengalExplained¶11
D.K.Basu Vs. State of West Bengal, (1997) SC 610
1 provisions across 1 enactments
A.G. Santhanam
State rep. by Sub-Inspector of Police, Muthialpet, Puducherry
R. Mala
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
R. Mala
Parties & counsel
