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.8690 of 2011 1. Noorul Hootha 2. Ammathul Hyma : Petitioners Vs. 1. The Inspector of Police, Thondi Circle, Ramanathapuram District. 2. The Sub-Inspector of Police, Sundarapandia pattinam Police Station, Ramanathapuram District. 3. P.S.A.Mohammed Hussain : Respondents PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure to direct the second respondent not to harass the petitioners vide the complaint dated 9.7.2011 and not to interfere with the possession of the petitioners under the guise of petition enquiry in the civil dispute which was sub-judice in O.S.No.39 of 2011 on the file of the District Munsif Court, Thiruvadanai. For Petitioner : M/s.J.Balameenakshi For Respondents : Mr.P.Kanni Thevan 1 and 2 Govt.Advocate(Crl.Side) For Respondent-3: Mr.R.Anand O R D E R In this Criminal Original Petition, the petitioners have come up seeking a direction to the second respondent not to harass the petitioners vide the complaint dated 9.7.2011 and not to interfere with the possession of the petitioners under the guise of petition enquiry in the civil dispute which was sub-judice in O.S.No.39 of 2011 on the file of the District Munsif Court, Thiruvadanai. 2. The learned Government Advocate(Crl.Side), per contra, would submit that the second 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 https://hcservices.ecourts.gov.in/hcservices/ 2 second respondent – police shall not harass the petitioners, I am hopeful that the second 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. In such view of the matter, the Criminal Original Petition is disposed of with the above observation. Sd/- Assistant Registrar (T&P) / True Copy / Sub Assistant Registrar To 1. The Inspector of Police, Thondi Circle, Ramanathapuram District. 2. The Sub-Inspector of Police, Sundarapandia pattinam Police Station, Ramanathapuram District 3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1CC TO M/S.J.BALAMEENAKSHI, ADVOCATE SR : 35933 Vsn SR : 22.11.2011 : 2p/5c ORDER MADE IN CRL.O.P.(MD)No.8690 of 2011 18.10.2011 https://hcservices.ecourts.gov.in/hcservices/