D.Chandra Babu v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2023

CORAM

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P(MD)No.5509 of 2023 D.Chandra Babu ... Petitioner Vs.

1.The Superintendent of Police, Nagercoil, Kanyakumari District.

2.The Inspector of Police, Palukal Police Station, Kanyakumari District.

3.Suresh @ Radha Krishnan ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, Not To Harass the petitioner and his family members along with close relatives and friends for conducting their joint family prayer in the house of the petitioner at Door No.13-70/1 Kalingatheri Roadorthu House, Karumanur, Palukal Post, Kanyakumari District. For Petitioner : Mr.M.Sathiyamoorthy For R1 and R2 : Mr.B.Nambiselvan Additional Public Prosecutor 1/4

ORDER

This petition has been filed seeking direction to the respondents 1 and 2 Not To Harass the petitioner and his family members along with close relatives and friends for conducting their joint family prayer in the house of the petitioner at Door No.13-70/1 Kalingatheri Roadorthu House, Karumanur, Palukal Post, Kanyakumari District.

2.The learned counsel for the petitioner submitted that without any proper compliant against this petitioner by the third respondent, the second respondent police harassed the petitioner under the guise of enquiry. 3.The learned Additional Public Prosecutor appearing for the respondents 1 and 2 submitted that in odd hours, the petitioner created a nuisance to the neighbours, over which, LIR No.7 of 2023 was initiated against the petitioner and the same is pending before the Executive Magistrate, Padmanathapuram.

4. The learned counsel for the petitioner submitted that so far no notice or summons have been issued to him from the concerned authority. 2/4

5. In view of the above, the petitioner is directed to appear before the concerned authority, after receiving notice and summons as the case may be and also to workout his remedy in the proceedings. With the above said liberty, this Criminal Original Petition is disposed of. 24.03.2023 Index:Yes/No Internet:Yes/No tta To:

1.The Superintendent of Police, Nagercoil, Kanyakumari District.

2.The Inspector of Police, Palukal Police Station, Kanyakumari District.

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

G.ILANGOVAN. J.

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