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Madras High CourtCRL OP(MD)/8839/2017closed

D.Mohanraj @ Mohan v. The Commissioner Of Police

2017-07-13Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.07.2017

CORAM

THE HON'BLE MR.JUSTICE S.S.SUNDAR Crl.O.P.(MD) No.8839 of 2017 D.Mohanraj @ Mohan ... Petitioner -Vs1. The Commissioner of Police, Trichy City, Trichy.

2. The Superintendent of Police, Tanjore District, Tanjore.

3. The Assistant Commissioner of Police, Palakarai, Trichy City, Trichy.

4. The Inspector of Police, Fort Police Station, Trichy City, Trichy.

...Respondents

Prayer: Criminal Original petition filed under Section 482 of Code of Criminal Procedure, to direct the respondents 3 and 4 not to interfere in the peaceful running of the Medical Shop run by the petitioner in the name and style of M/s. Sri Kamatchi Medicals, opposite to bus stand, at Thirukattupalli Taluk, Tanjore District. For Petitioner :

Mr.J.William Chirstopher For Respondents :

Mr.K.Anbarasan, Government Advocate(Crl.side).

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O R D E R

This Criminal Original petition is filed seeking a direction to the respondents 3 and 4 not to interfere with the peaceful running of the Medical Shop run by the petitioner in the name and style of M/s. Sri Kamatchi Medicals, opposite to bus stand, at Thirukattupalli Taluk, Tanjore District.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Criminal side) appearing for the respondents.

3. The learned counsel for the petitioner submitted that a case has been registered against the petitioner and 21 others by the fourth respondent in Crime No.721 of 2017 for the offences under Sections 341, 147, 148, 302 I.P.C r/w Section 3(1)(r)(s), 3 (2)(V) of SC/ST Prevention of Atrocities Amendment Act. https://hcservices.ecourts.gov.in/hcservices/

4. The case of the petitioner is that under the guise of enquiry, or searching the petitioner, the respondent police are interfering with the peaceful running of the Medical Shop run by the petitioner in the name and style of M/s. Sri Kamatchi Medicals, opposite to bus stand, at Thirukattupalli Taluk, Tanjore District.

5. The learned Government Advocate(Criminal side) submitted that there was no harassment and only in search of the petitioner, the respondent police had occasion to go near to the Medical Shop run by the petitioner.

6. The statement of the learned Government Advocate(Criminal Side) is recorded. Unless it is required by the respondent police for any useful purpose, the respondent police is directed not to interfere with the petitioner's business and the respondent police shall not threaten the petitioner to close the Medical Shop.

7. With the above direction, the Criminal Original petition is closed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar To

1. The Commissioner of Police, Trichy City, Trichy.

2. The Superintendent of Police, Tanjore District, Tanjore.

3. The Assistant Commissioner of Police, Palakarai, Trichy City, Trichy.

4. The Inspector of Police, Fort Police Station, Trichy City, Trichy.

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

+1cc to Mr.J.William Chirstopher, Advocate Sr.No.65189 PMU VB/MR/KKR/SAR2/24.07.2017/2P/7C Crl.O.P.(MD) No.8839 of 2017 13.07.2017 https://hcservices.ecourts.gov.in/hcservices/