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HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice K.MURALI SHANKAR
Dr.T.Selva Mahesh – Appellant
Versus
The Superintendent – Respondent
CRL OP(MD)/22137/2022
The police cannot harass individuals under the guise of an enquiry without following due process of law.
Headnote:
CRIMINAL PROCEDURE CODE - SECTION 482 - HARASSMENT - EDUCATIONAL LOAN - DUE PROCESS OF LAW
Fact of the Case:
The petitioners filed a Criminal Original Petition under Section 482 of the Criminal Procedure Code, seeking orders to direct the respondents not to harass them under the guise of an enquiry in the nature of a civil complaint arising out of an educational loan except following the due process of law.
Finding of the Court:
The court directed the petitioners to appear before the second respondent police, who was directed to proceed with the enquiry and take suitable action within ten days from the date of receipt of the copy of the order.
Issues: Whether the respondents were harassing the petitioners under the guise of an enquiry in the nature of a civil complaint arising out of an educational loan except following the due process of law.
Ratio Decidendi: The court held that the petitioners were entitled to due process of law and that the respondents could not harass them under the guise of an enquiry.
Final Decision: The court directed the petitioners to appear before the second respondent police, who was directed to proceed with the enquiry and take suitable action within ten days from the date of receipt of the copy of the order.
Crl.O.P.(MD)No.22137 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.01.2023
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR
Crl.O.P.(MD)No.22137 of 2022
1.Dr.T.Selva Mahesh
2.T.Solai Selvam
: Petitioners
Vs.
1.The Superintendent of Police,
Thoothukudi District,
Thoothukudi.
2.The Inspector of Police,
Kovilpatti West Police Station,
Thoothukudi District.
3.Subbiah
4.P.Sermakani
: Respondents
PRAYER : Criminal Original Petition filed under Section 482 of Criminal
Procedure Code, to direct the respondents 1 and 2 not to harass the petitioners
under the guise of enquiry in the nature of civil complaint which arising out of
educational loan except following the due process of law.
For Petitioners
: Mr.A.Mohan,
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Crl.O.P.(MD)No.22137 of 2022
For Respondents : Mr.R.Sivakumar,
Government Advocate (Crl.Side)
for R1 & R2.
: Mr.B.Rajesh Saravanan, for R3 & R4.
ORDER
This Criminal Original Petition filed, under Section 482 Cr.P.C., seeking
orders to direct the respondents 1 and 2 not to harass the petitioners under the
guise of enquiry in the nature of civil complaint which arising out of
educational loan except following the due process of law.
2. When the matter is taken up for hearing today, the learned
Government Advocate (Criminal Side) appearing for the State would submit
that the complaint given by the third respondent is pending for enquiry and on
that basis, the petitioners were directed to appear before the second respondent
police for enquiry, but the petitioners have not turned up.
3. At this juncture, the learned counsel appearing for the petitioners
would submit that the petitioners are ready to appear before the second
respondent police.
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Crl.O.P.(MD)No.22137 of 2022
4. In view of the above submissions made by both sides, the petitioners
are directed to appear before the second respondent police and on such
appearance, the second respondent police is directed to proceed with the
enquiry and take suitable action within a period of ten days from the date of
receipt of copy of this order.
5. With the above directions, this Criminal Original Petition stands
disposed of.
04.01.2023
NCC :Yes/No
Index : Yes / No
Internet : Yes / No
das
To
1.The Superintendent of Police,
Thoothukudi District,
Thoothukudi.
2.The Inspector of Police,
Kovilpatti West Police Station,
Thoothukudi District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court, Madurai.
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Crl.O.P.(MD)No.22137 of 2022
K.MURALI SHANKAR,J.
das
Crl.O.P.(MD)No.22137 of 2022
Dated: 04.01.2023
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