Madras High CourtWP/21053/2021dismissed

V.Vijay v. The Superintend Of Police

2021-10-04Honourable Mr Justice M. Nirmal Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.10.2021

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR WP No.21053 of 2021 V.Vijay ... Petitioner Vs

1. The Superintendent of Police Cuddalore District.

2. The Inspector of Police Sirupakkam Police Station Cuddalore District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents not to harass to petitioner except due process of law and thus render justice.

For Petitioner : Mr.T.Balachandran For Respondents : Mr.A.Damodharan, Addl. Public Prosecutor.

ORDER

This writ petition has been filed to direct the respondents not to harass the petitioner.

2. The contention of the petitioner is that the petitioner was forced to sign in a register and also to execute a bond under Section 110 of Cr.P.C. He has been constantly harassed by the respondent police under the guise of enquiry.

Hence, on 18.09.2021, he has sent a representation to the Superintendent of Police, Cuddalore informing about the harassment. But no action has been taken so far. Hence, the present petition.

3. The learned Additional Public Prosecutor submitted that the petitioner is a history sheeted rowdy in H.S.No.08 of 2020 and only for the purpose of verifying his movements and activities, he has been called for enquiry. Moreover, the petitioner had also executed a bond under Section 110 Cr.P.C.

4. This Court considered the submissions and perused the materials available on records carefully.

https://hcservices.ecourts.gov.in/hcservices/

5. This court finds that the petitioner is a History Sheeter and executed a bond under Section 110 Cr.P.C. Hence, he cannot make a complaint as he is being harassed. In view of the same, calling him for enquiry by the respondent police for verifying his movements will not amount to harassment. Hence, this Court is inclined to dismiss the petition.

6. Accordingly, this Writ Petition is dismissed. No costs.

Sd/- Assistant Registrar(CS-VIII) //True copy// Sub Assistant Registrar mrp To

1. The Superintendent of Police Cuddalore District.

2. The Inspector of Police Sirupakkam Police Station Cuddalore District.

W.P.No.21053 of 2021 SRA(CO) GMY(26/10/2021) https://hcservices.ecourts.gov.in/hcservices/