S. Francis Selvaraj v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.09.2021
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.12724 of 2021 S.Francis Selvaraj ... Petitioner Vs.
1.The Superintendent of Police, CCIW-CID, Omandurar Maligai, Chennai.
2.The Deputy Superintendent of Police, CCIW-CID, Madurai.
3.The Inspector of Police, CCIW-CID, Sivagangai, Sivagangai District.
... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 3rd respondent not to harass the petitioner and his family members under the guise of enquiry based on the representation dated 24.08.2021.
For Petitioner : Mr.PR.Boomee Rajan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side)
ORDER
This petition is filed seeking a direction to the 3rd respondent not to harass the petitioner and his family members under the guise of enquiry, without any proper basis and complaints, on the basis of the representation dated 24.08.2021. 2.The case of the petitioner is that he was working as Clerk in the Tamil Nadu State Transport Corporation Employees Cooperative Thrift and Credit Society, Karaikudi at Sivagangai District. Now he has been out of the job. A case has been registered against this petitioner, on the basis of the complaint 1/3
given by the Registrar of Co-operative Societies. Later, the petitioner was released from the case filed against him under the Probation of Offenders Act, 1958. Pending the aforesaid criminal case, the 3rd respondent herein, without any proper basis or reason, is harassing the petitioner by entering into the house site even during the midnight. Hence, he made a representation dated 24.08.2021. But that was not considered. Hence, this petition.
3.The learned Additional Public Prosecutor (Crl.side) appearing for the respondents would submit that the petitioner was released from the case filed against him under the Probation of Offenders Act, 1958.
4.In some other matter, enquiry was undertaken and the enquiry report was forwarded to the Registrar of Co-operative Societies for further action. It appears that as a precautionary measure, the petitioner has already approached this Court for anticipatory bail and it came to be dismissed on 25.08.2021 stating that no case is pending against this petitioner. It appears that as a precautionary measure, this petition has also been filed. Since there was no such harassment as mentioned in the petition, this petition does not warrant any consideration. So, the question of harassment does not arise at this stage.
5.With the above observation, this petition is disposed of with liberty to the petitioner to workout his remedy appropriately, if any complaint is registered against him in future.
Sd/- Assistant Registrar (CS I) // 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. 2/3
To 1.The Superintendent of Police, CCIW-CID, Omandurar Maligai, Chennai.
2.The Deputy Superintendent of Police, CCIW-CID, Madurai.
3.The Inspector of Police, CCIW-CID, Sivagangai, Sivagangai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.PR.BOOMEE RAJAN, Advocate (SR-28085[F] dated 03/09/2021) 02.09.2021 NSN(CO) SB(15.09.2021) 3P 6C 3/3