1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2011 CORAM: THE HONOURABLE MR.JUSTICE S.NAGAMUTHU Crl.O.P.(MD).No. 13992 of 2011 1. Mohammed Jailani 2. P.Moorthy : Petitioners Vs. 1. The Superintendent of Police Surveyor Colony Madurai District, Madurai. 2. The Commissioner of Police Madurai City, Madurai. 3. The Inspector of Police Economic Offence Wing Madurai 4. The Inspector of Police, CCB Wing Thabal Thanthinagar, Madurai 5. The Inspector of Police DCB Wing, Madurai. 6. Lilly : Respondents PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure to direct the respondents 1 and 2 to give necessary direction to the respondents 3 to 5 not to harass the petitioners at the instigation to the 6th respondent. For Petitioners : Mr.A.Hajamohideen For Respondents : Mr.P.Kannithevan Government Advocate (Crl. Side) O R D E R In this Criminal Original Petition, the petitioners have come up seeking a direction to the respondent – police not to harass them under the guise of investigation or enquiry on a complaint made against them. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The learned Government Advocate (Crl. Side), per contra, would submit that the respondent – police shall not harass the petitioners 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 respondent – police shall not harass the petitioners, I am hopeful that the respondent – police shall not harass the petitioners. Except making the above said observation, there is no need to issue any specific direction in this regard. 5. In such view of the matter, the Criminal Original Petition is disposed of with the above observation. Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar To 1. The Superintendent of Police, Surveyor Colony, Madurai District, Madurai. 2. The Commissioner of Police, Madurai City, Madurai. 3. The Inspector of Police Economic Offence Wing, Madurai. 4. The Inspector of Police, CCB Wing Thabal Thanthinagar, Madurai. 5. The Inspector of Police DCB Wing, Madurai. 6. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD).No. 13992 of 2011 28.10.2011 vsg NSV/9.11.11/2P/7C https://hcservices.ecourts.gov.in/hcservices/