Madras High CourtCRL OP(MD)/2785/2023disposed of

J.Francis Jegan v. The Superintendent Of Police

2023-02-13Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR J.Francis Jegan ... Petitioner Vs.

1.The State represented by The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Panagudi Police Station, Tirunelveli District.

3.Ajikumar ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the Inspector of Police, Panagudi Police Station, Tirunelveli District, the third respondent herein not to harass and not to interfere into the peaceful running of the petitioner's shop which is situated in Door No.58-A/5, Hussain Street, Bye pass road, Panagudi, Valliyoor Block, Tirunelveli District. 1/4

For Petitioner : Mr.S.Balaji For R1 & R2 : Mr.SS.Madhavan Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the third respondent herein not to harass and not to interfere into the peaceful running of the petitioner's shop which is situated in Door No.58-A/5, Hussain Street, Bye pass road, Panagudi, Valliyoor Block, Tirunelveli District.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that the petitioner is running a petty shop near Tasmac bar, that the petitioner used to open the shop till midnight supporting the bar and that despite of several directions, he has been opening the shop till midnight.

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3. Considering the submission made by the learned Government Advocate (Criminal Side), the petitioner is directed to file an affidavit to keep the shop timing before the second respondent and on such filing, the second respondent is directed to consider the petitioner's representation and hand over the petitioner's shop key to the petitioner if available with the second respondent.

4. With the above directions, this Criminal Original Petition stands disposed of.

13.02.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No csm To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Panagudi Police Station, Tirunelveli District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 13.02.2023 4/4