Madras High CourtCRL OP(MD)/9228/2017closed

Singaraj v. The Superintendent Of Police

2017-07-19Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.07.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.S.SUNDAR CRL.O.P.(MD)No.9228 of 2017 Singaraj .. Petitioner -Vs1. The Superintendent of Police, Dindigul, Dindigul District.

2. The Inspector of Police, Ammaiyanaikanoor Police Station, Dindigul District.

3. Rafeek, Sub Inspector of Police, Ammaiyanaickanoor Police Station, Dindigul District.

.. Respondents PRAYER: Petition is filed under Section 482 of the Criminal Procedure Code, to direct the respondents 2 and 3 not to harass the petitioner by insisting him to put his finger prints in the police records.

For Petitioner : Mr.R.Suresh Kumar For Respondents : Mr.K.Anbarasan Government Advocate(Crl.Side)

O R D E R

This petition is filed for a direction to the respondents 2 and 3 not to harass the petitioner by insisting him to put his finger prints in the police records.

2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents and perused the records.

3. The learned counsel for the petitioner submitted that though some criminal cases are pending against him, he has not convicted in any criminal case. However, it is stated that the respondents 2 and 3 are harassing the petitioner to put his finger https://hcservices.ecourts.gov.in/hcservices/

print in the police records. He also referred to Tamil Nadu Police Standing Order 802, which prescribed that the finger prints shall be taken only from the convicted persons, particularly who are convicted for the offences under Sections 170, 302 and 3044, 328, 338, 465 , 477-A etc., Since the petitioner is not convicted in any criminal case, the respondents 2 and 3 shall not harass the petitioner so as to get his finger prints in the police records.

4. The learned Government Advocate (Crl.Side) on instructions, would submit that the petitioner is involved in a murder case and apart from that he is also involved in a case of theft.

5. Considering the above submission, this Court is of the view that the respondent police cannot compel the petitioner to give his finger prints for the purpose of police records. Hence, except for enquiry against the criminal case pending against the petitioner, the respondents 2 and 3 shall not call the petitioner for enquiry and harass him.

6. With the above direction, this Criminal Original Petition is closed.

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

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

2. The Inspector of Police, Ammaiyanaikanoor Police Station, Dindigul District.

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

+ 1 CC TO Mr.R.SURESH KUMAR, ADVOCATE IN SR No. 66649 DAS/PJL TE/JC/SAR-I : 27/07/2017 : 2P/5C CRL.O.P.(MD)No.9228 of 2017 19.07.2017 https://hcservices.ecourts.gov.in/hcservices/