1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.11.2011 CORAM THE HONOURABLE MR.JUSTICE S.NAGAMUTHU Crl.O.P.(MD).No.14512 of 2011 Mythili : Petitioner -Vs- 1.The Superintendent of Police, Kanyakumari District, Nagercoil. 2.The Inspector of Police, Cholechal Police Station, Cholechal, Kanyakumari District. : Respondents PRAYER: Petition is filed under Section 482 of the Code of Criminal Procedure praying to issue a direction to the second respondent not to harass the petitioner and her family members to withdraw the case in C.C.No.266 of 2011 on the file of the learned Judicial Magistrate No.II, Nagercoil. For Petitioner : Mr.C.Rajakumar For Respondent : Mr.P.Kannithevan, Govt. Advocate O R D E R The apprehension of the petitioner is that the second respondent is harassing the petitioner and her family members to withdraw the case in C.C.No.266/2011 on the file of the learned Judicial Magistrate No.II, Nagercoil. 2. In my considered opinion, the second respondent cannot do so, as the same would amount to an illegality. In view of the same, the respondents are directed to not to harass the petitioner to compel her to withdraw the case in C.C.No.266 of 2011. 3. Further, it is needless to point out that either for investigation or for enquiry, the respondent – police is bound to follow the procedure established under law, more particularly, as per the directions issued by the Hon'ble Supreme Court in D.K.Basu vs. State of West Bengal reported in AIR 1997 SC 610. https://hcservices.ecourts.gov.in/hcservices/ 2 4. In view of the above observation, this Criminal Original Petition is disposed of. Sd/- Deputy Registrar (Accts.) /True Copy/ Assistant Registrar To 1.The Judicial Magistrate No.II, Nagercoil 2.The Superintendent of Police, Kanyakumari District, Nagercoil. 3.The Inspector of Police, Cholechal Police Station, Cholechal, Kanyakumari District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1cc to Mr.C.Rajakumar, Advocate Sr.No.38708 vsm/rr ssk/29.11.2011 /6c-2p/- Crl.O.P.(MD).No.14512 of 2011 09.11.2011 https://hcservices.ecourts.gov.in/hcservices/