Madras High CourtCRL OP(MD)/6212/2021disposed of

M.Annadurai v. The Assistant Commissioner Of Police

2021-08-04Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.6212 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.08.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.6212 of 2021 M.Annadurai ... Petitioner Vs.

State represented by The Assistant Commissioner of Police, Social Justice and Human Rights Cell, Madurai City.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondent and his officials not to harass the petitioner unnecessarily against law under the guise of enquiry. For Petitioner : Mr.S.Vanchinathan For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side)

ORDER

This Criminal Original Petition is filed seeking a direction to the respondent and his officials not to harass the petitioner unnecessarily under the guise of enquiry.

2.The case of the petitioner is that he is working as Clerk of General Manager Office, BSNL, Madurai. In the writ petition in W.P. (MD) No.4711 of 1992, this Court directed the District High Level Caste Scrutiny Committee to enquire into the caste status of the petitioner. Thereafter, the concerned Committee conducted a detailed enquiry and certified that the petitioner belongs to the ST-Kammara Community, by proceedings dated 06.02.2001. After that there was no issue.

3.Later, in 2018, a proceeding has been issued to the petitioner by the respondent to appear for enquiry on 25.06.2018 with all relevant documents. He appeared before the respondent and gave a statement and produced all the documents, which were available to him.

4.The learned Additional Public Prosecutor (Crl.Side) appearing for the respondent submitted that only based upon the direction issued by the District High Level Caste Scrutiny Committee, the respondent herein undertook the enquiry. The petitioner appeared https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.6212 of 2021 before the Enquiry Officer and produced all the documents. Those documents were verified and family free certificate has to be issued by the Tahsildar, for which, an enquiry has also been undertaken. The petitioner appeared before the Tahsildar on 19.05.2021 and the report of the Tahsildar is awaited. Since the enquiry has been completed by the respondent herein, on the basis of the direction issued by the District High Level Caste Scrutiny Committee, nothing survives for further consideration in this petition. 5.Recording the aforesaid developments, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS II) // True Copy // / /2021 Sub Assistant Registrar(CS) mm 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 Assistant Commissioner of Police, Social Justice and Human Rights Cell, Madurai City.

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

Crl.O.P.(MD)No.6212 of 2021 04.08.2021 MGJ(11.08.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2