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Madras High CourtCRL OP(MD)/2923/2021dismissed

H.Abbas v. The Superintendent Of Police

2021-02-24Honourable Mrs Justice R. Tharani2 pages

Crl.O.P.(MD)No.2923 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2021 CORAM :

THE HONOURABLE Mrs.JUSTICE R.THARANI Crl.O.P.(MD)No.2923 of 2021 H.Abbas

...Petitioner

/Vs./

1. The Superintendent of Police, Office of the Superintendent of Police, Pudukottai District.

2. The Inspector of Police, Alangudi Police Station, Pudukottai District.

...Respondents

Prayer: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the second respondent not to harass the petitioner and his family members in the name of enquiry on the basis of the representation dated 20.02.2021 in accordance with law.

For Petitioner : Mr.I.Sabeer Mohamed For Respondents : Mr.A.Robinson Government Advocate

ORDER

The petitioner has filed this petition to direct the second respondent not to harass the petitioner and his family members, under the guise of an enquiry.

2.On the side of the petitioner, it is stated that the petitioner is a JCB vehicle driver, who is residing in Chennai and occasionally he used to go to native place and visit his family. There was a case in the year 2010 against the petitioner. But, for the past ten years, there was no case against the petitioner. Now, with a motive to harass the petitioner, the second respondent forcibly obtained the signature of the petitioner in some written and unwritten papers and threatened the petitioner to produce the Voter ID, Aadhar Card, Ration Card and therefore, the petitioner prays this petition to be allowed.

3.On the side of the respondents, it is stated that a history sheet is maintained against the petitioner and there are two similar https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.2923 of 2021 cases pending against the petitioner. One of the cases is filed under Section 302 IPC and other is under Section 307 IPC. No proceedings is initiated against the petitioner and no summon was issued to the petitioner. In apprehension that the respondents may take any action against the petitioner, the petitioner has approached this Court, without any reason and the respondents prayed this petition to be dismissed.

4.Except two previous cases, there is no proceedings pending against the petitioner and no show cause notice was issued against the petitioner. Since no proceedings is pending against the petitioner, there is no necessity for this petition. Hence, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar () // True Copy // / /2021 Sub Assistant Registrar(CS) sm Note In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police, Office of the Superintendent of Police, Pudukottai District.

2.The Inspector of Police, Alangudi Police Station, Pudukottai District.

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

Crl.O.P.(MD)No.2923 of 2021 24.02.2021 VB (16.03.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2