Madras High CourtCRL OP(MD)/12335/2024disposed of

Maheshraja v. The Superintendent Of Police

2024-08-01Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI CRL.O.P (MD) No.12335 of 2024 Maheshraja ... Petitioner Vs

1. The Superintendent of Police, O/o. the Superintendent of Police, Virudhunagar District.

2. The Deputy Superintendent Of Police, Virudhunagar Sub Division, Virudhunagar District.

3. The Inspector of Police, Soolakarai Police Station, Virudhunagar District.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the respondents 1 and 2 to instruct the third respondent for not to harass the petitioner and his family members. For Petitioner : Mr.R.Alagumani, For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) 1/5

O R D E R

This criminal original petition has been filed seeking a direction to the respondent police not to harass the petitioner and his family members. 2.The learned Counsel appearing for the petitioner submits that the third respondent police is harassing the petitioner without any case registered as against him.

3.The learned Government Advocate (Crl.Side) appearing for the respondent police submits that the petitioner's native is Innamrettiyapatti Village, Soolakarai Taluk. He is an accused in Crime No.79 of 2016, registered for the offence under Sections 387 and 506(2) IPC. The petitioner is also indulging in ganja trade and spoiling the youngsters in the said village. Therefore, around 60 persons from the said village, have lodged a complaint before the Superintendent of Police, Virudhunagar District that the petitioner is indulging in ganja trade and spoiling the youngsters in the village. The Superintendent of Police, Virudhunagar District, has forwarded the complaint to the respondent police for 2/5

conducting a preliminary enquiry. Therefore, the respondent police is conducting a preliminary enquiry in C.No.G3/28953/2647/2024. 4.This Court has considered the rival submissions made. 5.The allegation as against the petitioner appears to be serious that some of the villagers have lodged a complaint before the Superintendent of Police, Virudhunagar District that the petitioner is selling ganja and also spoiling the youths in the village. Therefore, necessarily the respondent police has to conduct the enquiry, find out the truth and eliminate the chances of any such offences. The petitioner in all fairness is expected to appear before the respondent police and co-operate for the enquiry conducted by the respondent police and establish his case. The petitioner shall appear before the respondent police from 05.08.2024. The respondent police shall conduct an enquiry and if it is found that the petitioner is involved in ganja trade, necessary action shall be taken. During the course of the enquiry, the respondent police shall not harass the petitioner. 3/5

6.Accordingly, this criminal original petition is disposed of. 01.08.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No LR To

1. The Superintendent of Police, O/o. the Superintendent of Police, Virudhunagar District.

2. The Deputy Superintendent Of Police, Virudhunagar Sub Division, Virudhunagar District.

3. The Inspector of Police, Soolakarai Police Station, Virudhunagar District.

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

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B.PUGALENDHI , J.

LR CRL.O.P (MD) No.12335 of 2024 01.08.2024 5/5