Madras High CourtCRL OP(MD)/1964/2024disposed of

Pandikannanbabu v. The Commissioner Of Police

2024-02-08Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.1964 of 2024 Pandikannanbabu

...Petitioner

Vs.

1.The Commissioner of Police Commissioner Office, Madurai.

2.The Inspector of Police C2, Subramaniyapuram Police Station, Madurai.

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the second Respondent not to harass the Petitioner and his family members under the guise of enquiry.

For Petitioner : Mr.S.Sivaprakash For Respondents : Mr.M.Veeeranthiran Government Advocate (Crl.side)

O R D E R

The learned Counsel for the Petitioner submits that this Criminal Original Petition has been filed to direct the second Respondent not to harass the Petitioner and his family members. 1/4

2. The learned Counsel for the Petitioner submits that the Petitioner is arrayed as an accused in various cases. The subject matter was referred to Lok Adalat and settled, after 7 years, the Petitioner had no case. Still, the Respondents 1 and 2 are frequently calling him through phone, which had forced the Petitioner to approach this Court seeking direction to the Respondent Police.

3. The learned Government Advocate (Criminal Side), on instructions of the Respondent Police, submits that this Petitioner was arrayed as Accused in three criminal cases. Out of which, two cases convicted and one case is disposed of. The Petitioner is a historysheeter, therefore, the summon was issued under Section 109 Cr.P.C. Instead of appearing before the Respondent Police, he had approached this Court, seeking direction not to harass him.

4. Recording the submissions of the learned Government Advocate (Criminal Side), as per the judgment of this Court in W.P.(MD) No.2524 of 2024 (Muniyaraj V. the District Superintendent of Police, 2/4

Thoothukudi District), dated 25.11.2022, for no criminal case pending for the past three years, the Petitioner cannot be harassed. The learned Counsel for the Petitioner submits that only now it has been mentioned that the history sheet maintained after the involvement of the Petitioner, in the year 2017. The Petitioner is directed to seek appropriate remedy for deletion of his name from the historysheet.

5. With the above direction, this Criminal Original Petition is disposed of.

Internet:Yes./No 08.02.2024 Index:Yes/No NCC : Yes/No LS To 1.The Commissioner of Police Commissioner Office, Madurai.

2.The Inspector of Police C2, Subramaniyapuram Police Station, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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SATHI KUMAR SUKUMARA KURUP , J.

LS CRL.O.P (MD) No.1964 of 2024 08.02.2024 4/4