1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2011 CORAM: THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Criminal Original Petition (MD)No.16658 of 2011 1.Panayan 2.Seeman @ Vanthiyatheven 3.Arumugam 4.Karuppaiah ... Petitioners Vs. 1.The State rep. By The Inspector of Police, District Crime Branch, Sivagangai District. 2.The Deputy Superintendent of Police, District Crime Branch, Sivagangai District. 3.The Superintendent of Police, Sivagangai District. ... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the respondents herein not to interfere in the civil dispute and not to harass the petitioners herein. For Petitioners :Mr. V.R.Shanmuganathan For Respondents :Mr.P.Kannithevan Govt. Advocate( Crl. Side) O R D E R This petition has been filed to direct the respondents herein not to interfere in the civil dispute and not to harass the petitioners herein. 2.Heard Mr.V.R.Shanmuganathan, learned counsel appearing for the petitioners and Mr.P.Kannithevan, learned Government Advocate (criminal side) appearing for the State. 3.According to the submissions made by the learned Counsel for the petitioners, the petitioners were harassed by the respondents police under the guise of enquiry and therefore, the respondents may be directed to follow the norms to be followed for doing interrogation and suitable orders may be passed for not harassing the petitioners. He would further submit that the respondents police also interfere in the civil disputes. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The learned Government Advocate (Crl. Side) would submit that the petitioners did not cooperate for enquiry and the complaint is also pending against the petitioners and there is no harassment against the petitioners and the police will not interfere with the civil rights of any person and if any interrogation is needed by the respondent against the petitioners, the norms which are mentioned in the Judgement of Hon'ble Apex Court in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610, would be followed in case of interrogation or any further investigation. He would further submit that there will not be any harassment and the enquiry or interrogation would be done in accordance with law. 5. Considering the submissions made on both sides, the police is entitled to investigate the matter by interrogating the petitioners in proper manner. According to the submissions made by the learned Government Advocate, there was no harassment done by the police. He would also state that there will not be any harassment in future also. 6. Recording the statement of the learned Government Advocate (Crl. Side) that the respondents police will not harass the petitioners in future under the guise of any enquiry in respect of the said case and the respondents police will not interfere with the civil rights of any person, this Court directs the respondents/Police to follow the dictum laid down by the Hon'ble Apex Court in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610. for conducting enquiry 7. With the above direction, this Petition is disposed of. Sd/- Assistant Registrar /True Copy/ Sub-Assistant Registrar TO 1.The Inspector of Police, District Crime Branch, Sivagangai District. 2.The Deputy Superintendent of Police, District Crime Branch, Sivagangai District. 3.The Superintendent of Police,Sivagangai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai gsr rl/5c – 27.12.2011 Crl.O.P.(MD) No.16658 of 2011 20.12.2011 https://hcservices.ecourts.gov.in/hcservices/