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Madras High CourtCRL OP(MD)/12524/2023closed

Sakthivel v. The Superintendent Of Police

2023-07-12Honourable Dr Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.07.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.12524 of 2023 Sakthivel ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Karur District.

2.The Inspector of Police, Pasupthipalayam Police Station, Karur District.

..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent not to harass the petitioner and his family members in the name of enquiry by considering the petitioner's representation dated 01.07.2023 in accordance with law within the time stipulated by this Court.

For Petitioner : Mr.S.Rameshkumar For Respondents : Mr.B.Thanga Aravindh Government Advocate Crl.Side) O RDER This petition is filed seeking for a direction to the police not to harass the petitioner under the guise of enquiry. 1/4

2. It is submitted by the learned counsel for the petitioner that the petitioner is a gym trainer and he was involved falsely in S.C.No. 59 of 2019 for the offence under Section 302 of I.P.C. and after fullfledged trial, all the accused including the petitioner herein found not guilty and thereby, was acquitted. It is submitted further that even that there is no other case pending against the petitioner. However, the respondent police have been harassing the petitioner regularly and thereby, he submitted a representation dated 01.07.2023 to the higher Police Officials inspite of it, the harassment from the Police is being continued.

4. Learned Government Advocate (Criminal Side) submits that history sheet is opened against the petitioner and as per the procedure, the police are required to monitor the petitioner's activities and movements for some time and thereby, the Police have asked the petitioner to come to the police station whenever it is required. Learned counsel for the petitioner submits that the respondents are not at all following the procedure even in asking the petitioner to come to the police station.

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5. Considering the circumstances, the respondent Police are directed to follow the procedure, in respect of removing the rowdy sheets as per the circular of DGP.

6. With these observations, the Criminal Original Petition is closed.

12.07.2023 NCC: Yes/No Index : Yes/No Internet : Yes/No tsg To 1.The Superintendent of Police, Office of the Superintendent of Police, Karur District.

2.The Inspector of Police, Pasupthipalayam Police Station, Karur District.

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

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DR.D.NAGARJUN. J.

tsg 12.07.2023 4/4