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Madras High CourtCRL OP(MD)/14737/2021disposed of

Kalimuthu @ Kannan v. The Superintendent Of Police

2021-09-30Honourable Mr Justice G.Ilangovan2 pages

Crl.O.P.(MD)No.14737 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Crl.O.P.(MD) No.14737 of 2021 Kalimuthu @ Kannan ... Petitioner Vs.

1. The Superintendent of Police, Sivagangai District.

2. The Deputy Superintendent of Police, Karaikudi, Sivagangai District.

3. The Inspector of Police, Kallal Police Station, Sivagangai District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents herein to not to harass the petitioner on the guise of the enquiry.

For Petitioner : Mr.C.Senthil Murugan For Respondents : Mr.R.M.S.Sethuraman Additional Public Prosecutor

ORDER

This petition has been filed to direct the respondents not to harass the petitioner under the guise of enquiry. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor (Criminal Side) for the respondents. 3.The learned counsel for the petitioner would submit that the petitioner is falsely implicated in Crime No.347 of 2013 for the offences punishable under Sections 294(b) and 302 I.P.C. After full trial, he was acquitted by the District and Sessions Court, Sivagangai in S.C.No. 173 of 2016, on 20.12.2018. Thereafter, he is not involved in any other crime and no case has also been registered against him.

4. The learned Additional Public Prosecutor for the respondents would submit that the petitioner is a history sheeted rowdy and only for the purpose of monitoring his movement, surveillance is undertaken. There is no such harassment as contended by the learned counsel for the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.14737 of 2021 But, however, the learned counsel for the petitioner would submit that he is not involved any such occurrence, subsequent to the above said criminal case. If any proceedings is initiated under Section 110 Cr.P.C., the petitioner has to either challenge the order or face the enquiry as per law.

5. The petitioner is at liberty to workout his remedy before the appropriate Court through appropriate proceedings, if so required. With the liberty, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) Ls 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, Sivagangai District,

2. The Deputy Superintendent of Police, Karaikudi, Sivagangai District.

3. The Inspector of Police, Kallal Police Station, Sivagangai District.

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

Crl.O.P.(MD)No.14737 of 2021 30.09.2021 RK (21/10/2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2