Dilli Babu v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.09.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR CRL.O.P.No.15419 of 2021 Dilli Babu.S ... Petitioner

Versus

1. The Superintendent of Police, Chengalpattu District,

2. The Superintendent of Police, Chengalpattu Town,

3. The Inspector of Police Taluk Police Station, Chengalpattu.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct respondent police to desist from foisting false cases repeatedly in the guise of preventing the illegal activity being carried out in the Seven Star Sports and Recreational Center, Chengalpattu and snatching their property, cash, vehicle, mobile phones and harassing the petitioner who is a legal practitioner.

For Petitioner : M/s.P.G.Santhosh Kumar For Respondents : Mr.A.Damodaran, Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the respondents to desist from foisting false cases.

2. The learned counsel for the petitioner would submit that the petitioner is a practising Advocate and he is no way

connected with the offence. He is not a member of the Seven Star Sports and Recreation Centre. The petitioner has been falsely implicated in many cases and the respondent police under the guise of enquiry calling upon the petitioner at odd hours.

3. The learned Government Advocate (crl.side) would submit that the petitioner is running a club in the name Seven Star Sports and Recreational Center, which is involved in gambling. The petitioner, on the pretext of an advocate, is running the club without following the procedures. Whenever, the respondent police attempted to enter into the club, they were threatened and abused. In this case, public servant were restrained from carrying on their official duties. Hence, a case in Crime No.640 of 2021 for the offences under sections 294(b), 323, 506 (i), 353 r/w 8 & 9 of Tamil Nadu Gaming Act came to be registered. Further, the petitioner is involved in yet another case in Crime No.556 of 2021 for similar offences. The petitioner is a habitual offender. Hence, for the purpose of enquiry, he has been called for, which has been termed as harassment. Further a special team has been formed to secure the petitioner for his non cooperation.

4. Considering the above submission, this court finds that calling for the petitioner for enquiry cannot be termed as an harassment and hence this Criminal Original Petition is liable to be dismissed.

5.Accordingly, the Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar mrp To

1. The Superintendent of Police, Chengalpattu District,

2. The Superintendent of Police, Chengalpattu Town,

3. The Inspector of Police Taluk Police Station, Chengalpattu.

Copy to The Public Prosecutor, High Court, Madras.

CRL.O.P.No.15419 of 2021 LN(CO) B.VC (30/09/2021)