Chidambaram @ Gopal v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:08.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.15164 of 2017 Chidambaram @ Gopal : Petitioner -Vs1.The Superintendent of Police, Thirunelveli District, Thirunelveli.

2.The Inspector of Police, 3.The Sub Inspector of Police, 4.Mangayarkarasi 5.Kiruba Nithi : Respondents PRAYER:Criminal Original petition filed under Section 482 of Criminal Procedure Code, to direct the respondents 2 to 5 not to harass the petitioner and his family members. For Petitioner : Mr.G. Mohankumar For Respondents : Mr.C. Mayil Vahana Rajendiran Additional Public Prosecutor

O R D E R

This petition is filed for issuing a direction to the respondents 2 to 5 not the harass the petitioner and his family members under the guise of enquiry.

2. It appears that the petitioner was involved in sand theft. The learned counsel appearing for the petitioner states that on 04.11.2017, the respondents 2 and 3 came to the petitioner's house in his absence and threatened his wife with dire consequences. It is stated that the warning came from the respondent officials without divulging any further details. It is in the above circumstances, the petitioner is constrained to file this petition.

3. The learned Additional Public Prosecutor appearing for the respondents on instructions would submit that the petitioner was involved in illegal sand mining and that therefore, an enquiry was conducted about the involvement of the petitioner in similar crime, which was reported recently. He further stated that no complaint is received as against the petitioner and that there was no harassment as such. Since there is no complaint as against the petitioner as on date, the learned Additional Public Prosecutor appearing for the respondents submitted that no further enquiry is contemplated and that there will not be any harassment. He further contended that the petitioner will not be called for any enquiry without issuing summons and without following the procedure prescribed in law.

4. Recording the said statement, the Criminal Original Petition is closed.

Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar To

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

2. The Inspector of Police,

3. The Sub Inspector of Police,

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

+1cc to M/S.G.MOHAN KUMAR, Advocate SR.No.85873. CRL.O.P.(MD)No.15164 of 2017 08.11.2017 trp SDS/KK/SAR 2/15.11.2017/3P/6C