B.Akilan v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.1823 of 2022 B.Akilan ... Petitioner

Versus

The State Rep. by

1. The Superintendent of Police, O/o.The Superintendent of Police, Thiruvallur District.

2. The Inspector of Police, Manavalan Nagar Police Station, Thiruvallur District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the respondents not to harass the petitioner pursuant to the petitioner's representation dated 19.01.2022.

For Petitioner :

Mr.R.Thirumoorthy For Respondents :

Mr.E.Raj Thilak Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to direct the respondents not to harass the petitioner pursuant to the petitioner's representation dated 19.01.2022. 2.The grievance of the petitioner is that the petitioner is studying final year B.Com in Appollo College at Guduvancheri. The petitioner's maternal grandfather requested the petitioner to get a new Sim card for him, since he was not having identity proof. Hence, the petitioner had helped him to get a new Sim card. Apart from it, the petitioner has nothing to do with the activities of his maternal grandfather. The petitioner has been unnecessarily called for enquiry. The petitioner's residence is https://hcservices.ecourts.gov.in/hcservices/

at Royapettah and the Thiruvallur Police often calling the petitioner for enquiry and harassing the petitioner. Hence, the petitioner has filed this petition.

3.The learned Additional Public Prosecutor submits that the petitioner is required for enquiry with regard to Crime No.430 of 2021. Initially, the case was registered under Section 380 IPC and later, altered to Section 11 of POCSO Act and the case was transferred to AWPS, Thiruvallur. He further submits that the Sim card was used by A2 in Crime No.430 of 2021, for verifying the same, the petitioner is required for enquiry. 4.The learned counsel for the petitioner submits that he had already given reasons admitting that he had purchased the Sim card and handed over the same to his maternal grandfather. He stand by the same and he has also given statement to the AWPS, Thiruvallur in this line.

5.In view of the same, the respondent police to give proper notice to the petitioner and call for enquiry. Accordingly, this criminal original petition is disposed of. Sd/- Assistant Registrar(CS-IV) //True Copy// Sub Assistant Registrar sli To

1. The Superintendent of Police, O/o.The Superintendent of Police, Thiruvallur District.

2. The Inspector of Police, Manavalan Nagar Police Station, Thiruvallur District.

3. The Public Prosecutor, High Court, Madras.

CRL.O.P.No.1823 of 2022 BS(CO) SU(17/02/2022) https://hcservices.ecourts.gov.in/hcservices/