1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.10.2011 CORAM: THE HONOURABLE MR.JUSTICE S.NAGAMUTHU CRL.O.P.(MD).No.7003 of 2011 M.Pongudi : Petitioner Vs. 1. The Commissioner of Police, Madurai City, Madurai. 2. The Assistant Commissioner of Police, Anna Nagar Range,Madurai-20. : Respondents PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure to direct the second respondent not to harass the petitioner in the name of removal of encroachment when the same is not vested with his right and consequently to direct the first respondent to take appropriate action against the second respondent . For Petitioner : M/s.R.M.Anbunithi For Respondents : Mr.P.Kanni Thevan, Govt.Advocate(Crl.Side) O R D E R In this Criminal Original Petition, the petitioner has come up seeking a direction to the second respondent not to harass the petitioner in the name of removal of encroachment when the same is not vested with his right and consequently to direct the first respondent to take appropriate action against the second respondent. 2. The learned Government Advocate(Crl.Side), per contra, would submit that the Second respondent – police shall not harass the petitioner in any manner. The said statement made by the learned Government Advocate (Crl.Side) is recorded. 3. In my considered view, no one can be harassed under the guise of investigation or enquiry by the police, which does not require any direction from this Court. As a matter of fact, the Hon'ble Supreme Court in D.K.Basu vs. State of West Bengal reported in AIR 1997 SC 610 has issued certain directions as to how the accused should be treated by the police while he is in custody and while he is interrogated during investigation or enquiry. 4. Having regard to the rival submissions, more particularly, the statement made by the learned Government Advocate(Crl.side) that the second respondent – police shall not harass the petitioner, I am hopeful that the second respondent – police shall not harass the petitioner in any manner. Except making the above said observation, there is no need to issue any specific direction in this regard. In such view of the matter, the Criminal Original Petition is disposed of with the above observation. SD DEPUTY REGISTRAR /TRUE COPY/ ASST REGISTRAR To 1. The Commissioner of Police, Madurai City,Madurai. 2. The Assistant Commissioner of Police, Anna Nagar Range,Madurai-20. 3.The Public Prosecutor,Madurai Bench of Madras High Court,Madurai. SB:04/11/2011 1P 4C ORDER MADE IN CRL.O.P.(MD)No.7003 of 2011. https://hcservices.ecourts.gov.in/hcservices/