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Madras High CourtCRL OP(MD)/2114/2024closed

Krishnan v. The Superintendent Of Police

2024-02-12Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2024 CORAM :

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP Krishnan ... Petitioner Vs.

1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Samayanallur Police Station, Madurai District.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the respondents not to harass the Petitioner under the guise of an enquiry.

For Petitioner : Mr.B.Vinoth Kumar For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor 1/5

ORDER

This Criminal Original Petition had been filed seeking direction against the Respondent Police not to harass the Petitioner under the guise of an enquiry.

2. The learned Counsel appearing for the Petitioner submitted that the Petitioner is a College student undergoing his final year studies in Engineering. Due to frequent visit by the Respondents 1 and 2 at odd hours, the Petitioner was forced to move out of his residence. In the absence of the petitioner from his house, the Respondents 1 and 2 frequently visiting his house and causing harassment to his parents. Therefore, the Petitioner was forced to file this petition seeking direction against the Respondents 1 and 2 not to harass him.

3. The learned Additional Public Prosecutor on instructions from the Respondents 1 and 2 submitted that since it is an election time, the Respondents are duty bound to verify the antecedents of the persons who are in the list of the Police to avoid any law and order problem. It is his further submission that the Respondents 1 and 2 undertakes to follow the circular of Director General of Police, Tamil Nadu, Chennai, in Rc.007301/Genl.I(1)/2019, dated 09.04.2019 and Additional Director 2/5

General of Police (L & O) in C.No.18/ADGP/L&O/Camp/2024. He also submitted that there are previous cases against him.

4. The learned Counsel for the Petitioner by way of rejoinder submitted that there is a previous case against the Petitioner in Crl.O.P.(MD)No.5737 of 2023.

5. Recording the submission of the learned Counsel for the Petitioner and the learned Additional Public Prosecutor, the Respondents 1 and 2 are directed to issue summon to the Petitioner as well as his parents or inmates of his house with the specified date and time for an enquiry. The Respondents 1 and 2 are also directed not to summon either the Petitioner or his family members at odd hours.

6. With the above said direction, this Criminal Original Petition is closed.

12.02.2024 Index : Yes/No Internet:Yes/No jbr 3/5

To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Samayanallur Police Station, Madurai District.

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

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SATHI KUMAR SUKUMARA KURUP, J., jbr 12.02.2024 5/5