Anbalagan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.01.2024

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Anbalagan S/o.Rathinavel ... Petitioner Vs.

1. The District Collector, Collectorate, Salem District.

2. The Superintendent of Police, District Police Head Quarters, Salem District.

3. The Inspector of Police, Karipatti Police Station, Salem District.

4. Tmt.Vennila

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of mandamus forbearing respondents 2 and 3 including the unknown police personnel from disturbing my family life residing at No.7/41, Velliyampatti Pallakkadu, Kullampatti Post, 1/4

Ayodhyapattinam Via Salem Taluk, Salem District. For Petitioner : Mr.K.Manikuyil For Respondents : Mr.A.Damodaran Additional Public Prosecutor [R1 to R3] *****

O R D E R

This writ petition has been filed to forbear the respondents 2 and 3 not to cause harassment to the petitioner and his family members.

2. Heard Mr.K.Manikuyil, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for respondents 1 to 3.

3. When the matter was taken up for hearing, learned Additional Public Prosecutor, on instructions, submitted that the petitioner is an accused in Crime No.35 of 2022 for an offence u/s.302 IPC. That apart, the wife of the petitioner is also an accused in yet another case registered. In 2/4

view of the same, the petitioner and his wife are being called for enquiry by the third respondent.

4. Considering the submissions made by learned Additional Public Prosecutor, there is no question of granting the relief as sought for in the writ petition since the petitioner has been arrayed as an accused in a case. Therefore, the petitioner has to necessarily co-operate for the investigation. In any event, there is no question of preventing the police from conducting investigation as against the accused person.

Accordingly, this writ petition is dismissed. No costs. 04.01.2024 Index : Yes/No Speaking Order/Non-speaking Order gm 3/4

N.ANAND VENKATESH, J gm To

1. The District Collector, Collectorate, Salem District.

2. The Superintendent of Police, District Police Head Quarters, Salem District.

3. The Inspector of Police, Karipatti Police Station, Salem District.

4. The Public Prosecutor, High Court of Madras.

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