In a petition under Section 482 CrPC, the court directed the police not to harass petitioners during a pending enquiry but clarified that the order does not shield them from arrest if a cognizable offence is made out, while directing participation in the enquiry.
Directed Petitioners to participate in the inquiry and not to be harassed during it.
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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2017
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
CRL.O.P.(MD)No.1222 of 2017
1.Ahamed Khan
2.Laila Beevi
: Petitioners
Vs.
The State represented by 1.The Superintendent of Police, Kanyakumari District.
2.The Inspector of Police, All Women Police Station, Kulachal, Kanyakumari District.
3.Rabekka [R-3 impleaded as per the order of this Court dated 24.03.2017, made in Crl.M.P.(MD)No.2075 of 2017 in Crl.O.P.(MD)No.1222 of 2017]
: Respondents
Prayer:Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the first and second respondents herein not to harass the petitioners on the guise of enquiry.
For Petitioners : Mr.M.Shakual Hameed
For Respondents 1&2: Mr.K.Anbarasan, Government Advocate (Crl.side) For Respondent No.3 : Mr.A.Balakrishnan
O R D E R
This petition has been filed to direct the first and second respondents not to harass the petitioners on the guise of inquiry.
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enquiry and during enquiry, they shall not be harassed. During the course of enquiry, if any cognizable offence is made out, the second respondent is free to register an FIR and this order shall not be a shield for the petitioners against arrest.
Sd/-
Assistant Registrar(ADII) /True Copy/
Sub-Assistant Registrar
To
1.The Superintendent of Police, Kanyakumari District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+One cc to Mr.K.P.Narayanakumar, Advocate, SR.No.52312
SML
RL/5C/2P/RR/SAR2/28.4.2017
Order made in CRL.O.P.(MD)No.1222 of 2017
Dated:17.04.2017
3 issues framed by the court
Whether the petitioners should be directed not to be harassed during a pending enquiry initiated by the respondents.
Whether this direction to not harass acts as a shield against arrest if a cognizable offence is made out.
Whether the petitioners should be directed to participate in the pending enquiry.
1 provisions across 1 enactments
Ahamed Khan
Laila Beevi
The State represented by Superintendent of Police
Inspector of Police, All Women Police Station
Rabekka
P.N. Prakash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
