1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2011 CORAM THE HONOURABLE MR.JUSTICE V.PERIYA KARUPPIAH Crl.O.P.(MD).No.1597 of 2011 N.S.Chellapandiyan ...Petitioner -Vs- 1.The Director General of Police, Office of the Director General of Police, Beach Road, Chennai. 2.The Commissioner of Police, Office of the Commissioner of Police, Madurai City. 3.The Inspector of Police, Jaihindpuram Police Station, Madurai City. ...Respondents PRAYER: Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents for not to harass the petitioner and his family members by considering the representation dated 03.02.2011 preferred by the petitioner. For Petitioner : Mr.R.Alagumani For Respondents : Mr.L.Murugan Government Advocate (Crl. Side) O R D E R This petition has been filed to direct the respondents for not to harass the petitioner and his family members by considering the representation dated 03.02.2011 preferred by the petitioner. 2. Heard Mr.R.Alagumani, learned counsel for the petitioner and Mr.L.Murugan, learned Government Advocate (Crl. Side)appearing on behalf of the respondents. 3. The learned counsel appearing for the petitioner would submit that due to a money transaction had in between the petitioner’s sister’s husband viz., Mahalingam and one Narayanan, the said Narayanan and his men locked the petitioner’s sister Pandiyammal house illegally. Even though on 25.01.2011, a complaint has been given to the 3rd respondent no steps have been https://hcservices.ecourts.gov.in/hcservices/ 2 taken against the accused persons. Taking vengeance against the petitioner on 31.01.2001, the said Narayanan lodged a false a complaint against the petitioner and on the basis of the said false complaint, the 3rd respondent had called the petitioner and his sister and obtained signatures in blank papers by compulsion and was harassing them to pay Rs.50,000/- to the said Narayanan. He would further submit in his argument that on 03.02.2011, the petitioner has preferred a detailed representation to the respondent and higher authorities requesting them to take necessary action for not to harass the petitioner, but till date no action was initiated, for which, the petitioner has come forward with the present petition seeking for a direction against the respondent not to harass the petitioner and his family members. 4. The learned Government Advocate (Crl. Side) would submit in his argument that there is no harassment against the petitioner and his family members and if any interrogation is needed by the respondents against the petitioner and his family members, 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 petitioner and his family members 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 would not be any harassment in future also. 6. Recording the statement of the learned Government Advocate (Crl. Side) that the respondent police will not harass the petitioner and his family members in future under the guise of any enquiry in respect of the said case, this petition is closed with a direction to the effect that there shall be no harassment to the petitioner and his family members on the side of the respondent police and they are 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. 7. With the above direction, this Petition is closed. Sd/- Deputy Registrar(Writs) /True Copy/ Assistant Registrar To 1.The Director General of Police, Office of the Director General of Police, Beach Road, Chennai. https://hcservices.ecourts.gov.in/hcservices/ 3 2.The Commissioner of Police, Office of the Commissioner of Police, Madurai City. 3.The Inspector of Police, Jaihindpuram Police Station, Madurai City. 4.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai. +1cc to Mr.R.Alagumani, Advocate, Sr.No. 5652 arul ssk/22.02.2011 /6c -3p/- Crl.O.P.(MD).No.1597 of 2011 https://hcservices.ecourts.gov.in/hcservices/