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Madras High CourtCRL OP(MD)/9386/2024allowed

T.Madhan v. The Superintendent Of Police

2024-06-27Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 27.06.2024

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI CRL OP(MD). No.9386 of 2024 T.Madhan ... Petitioner versus

1. The Superintendent of Police, Tuticorin, Tuticoin District.

2. The Inspector of Police, Thisainvalazhi Police Station, Tuticorin District.

... Respondents Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent to give appropriate direction to the 2nd respondent not to harass the petitioner and their family members without any legally sustainable complaint. For Petitioner : M/s.A.Kalaiarasi For Respondents : Mr.E.Antony Sahaya Prahahar Government Advocate (Crl. side) 1/4

O R D E R

One Gopal is said to have eloped with the daughter of the defacto complainant, for which, a criminal case in Crime No.340 of 2024 has been registered by the respondent Police as "woman missing". Since the petitioner is the friend of the said Gopal, the respondent police is harassing him under the guise of enquiry. Hence, the petitioner has filed this petition seeking a direction to the respondent Police not to harass him and his family members.

2. The learned Additional Public Prosecutor submits that the respondent Police is conducting the investigation in order to find out whereabouts of the accused person and victim girl and whether the victim girl has eloped with the accused person on her volition or not? Since the petitioner has arranged a vehicle for the accused person, the respondent Police has enquired the petitioner.

3. Admittedly, the petitioner is not an accused in Crime No.340 of 2024 and he is the friend of the accused Gopal. The age of the victim girl is also 21 years. It is not known as to whether it is a love affair or it 2/4

is an abduction. In order to find out the same, it is always open to the respondent Police to conduct the investigation. The respondent Police shall not harass the petitioner under the guise of enquiry.

4. Accordingly, this Criminal Original Petition is allowed. 27.06.2024 ogy Index : Yes / No.

Internet : Yes / No.

NCC : Yes / No.

To

1. The Superintendent of Police, Tuticorin, Tuticoin District.

2. The Inspector of Police, Thisainvalazhi Police Station, Tuticorin District.

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

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B.PUGALENDHI, J.

ogy Order made in Crl.O.P.(MD)No.9386 of 2024 27.06.2024 4/4