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S. Petchiraja Vs. The Secretary to Government, Government of Tamil Nadu, Chennai and Others - Court Judgment

SooperKanoon Citation

Court

Chennai Madurai High Court

Decided On

Case Number

CRL. O.P. (MD) No. 16440 of 2015

Judge

Appellant

S. Petchiraja

Respondent

The Secretary to Government, Government of Tamil Nadu, Chennai and Others

Excerpt:


.....the guise of enquiry and hence, the petitioner has come forward with this petition for the above stated relief. 3. the learned government advocate (criminal side), on instructions, would submit that the petitioner is an accused in crime no.2 of 2015 for the offences under sections 147, 148, 109, 120(b), 302 r/w 149 ipc and 25(1-b) (a) of arms act and 3(2)(v) of sc/st (poa) act, 1989 r/w 149 ipc. 4. considering the rival submissions made on both sides, the fifth 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 shall appear before the police and submit himself for interrogation. 5. the criminal original petitions are disposed of with the above direction.

Judgment:


(Prayer: Criminal Original Petition is filed under Section 482 of Cr.P.C. praying to direct the Respondent No.5 to not to harass the petitioner and his family members by considering the representation dated 21.08.2015 in accordance with law.)

1. Heard both sides.

2. The learned counsel for the petitioner would submit that the fifth respondent is harassing the petitioner under the guise of enquiry and hence, the petitioner has come forward with this petition for the above stated relief.

3. The learned Government Advocate (Criminal side), on instructions, would submit that the petitioner is an accused in Crime No.2 of 2015 for the offences under Sections 147, 148, 109, 120(B), 302 r/w 149 IPC and 25(1-B) (a) of Arms Act and 3(2)(V) of SC/ST (POA) Act, 1989 r/w 149 IPC.

4. Considering the rival submissions made on both sides, the fifth 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 shall appear before the police and submit himself for interrogation.

5. The Criminal Original Petitions are disposed of with the above direction.


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