Madras High CourtCRL OP(MD)/11681/2021disposed of

Ashok Kumar v. The Superintendent Of Police

2021-09-22Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.11681 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD)No.11681 of 2021 Ashok Kumar ... Petitioner Vs.

1.The Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, Nanguneri Sub Division, Tirunelveli District.

3.The Inspector of Police, Kalakadu Police Station, Tirunelveli District ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents particularly the third respondent not to harass the petitioner to close his shop without any order. For Petitioner : Mr.R.Vinoth Bharathi For Respondents : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor

O R D E R

This petition has been filed seeking direction to the respondents particularly the third respondent not to harass the petitioner to close his shop without any order and follow proper procedure.

2. When the matter is taken up for hearing on 08.08.2021, the learned counsel for the petitioner submitted that after obtaining proper license, he was running a a sugarcane juice shop in front of TASMAC shop and without proper order, the second respondent is directed him to close the shop. The Additional Public Prosecutor submitted that during the odd hours, the petitioner was permitting the customers to drink liquor in the shop. When it was brought to the notice of the authorities, an enquiry was made by the respondent police and it is revealed that the petitioner is not involved in an offence and no case has been registered against him. For filing counter, the matter is adjourned today.

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Crl.O.P.(MD)No.11681 of 2021

3. Today, the Additional Public Prosecutor would submit that since breach of condition in running the shop has been noticed by the authorities, they instructed the petitioner to follow proper business hours. According to the learned Additional Public Prosecutor, except the above said warning, no harassment has been made by the respondent police.

4. Recording the submission of the learned Additional Public Prosecutor, no further order is required in the facts and circumstances of this case. Accordingly, this petition is disposed of.

Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) CM 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 Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, Nanguneri Sub Division, Tirunelveli District.

3.The Inspector of Police, Kalakadu Police Station, Tirunelveli District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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