Ganesan v. The Superintendent Of Police

Crl.O.P.(MD)No.15126 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.12.2020

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU Crl.O.P.(MD)No.15126 of 2020 Ganesan

...Petitioner

Vs.

1.The Superintendent of Police, Madurai District,Madurai.

2.The Deputy Superintendent of Police, Melur, Madurai District.

3.The Inspector of Police, Keelavalavu Police Station, Madurai District.

...Respondents

PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents not to harass the petitioner and his family members, not to interfere with his business under the guise of enquiry.

For Petitioner : Mr.S.A.Ajmalkhan For Respondents : Mr.V.Neelakandan Additional Public Prosecutor.(Crl.side)

ORDER

This petition has been filed to direct the respondents not to harass the petitioner and his family members, not to interfere with his business under the guise of enquiry. 2.The learned counsel for the petitioner would submit that the petitioner is running a petty shop and leading a peaceful life. The grievance of the petitioner is that the 3rd respondent came to the petitioner's shop and demanded to attend the police station without issuing any summons or any enquiry notice and threatened the petitioner that they will lodge a complaint as if the petitioner sells liquor illegally. Hence, the petitioner sent a representation to the respondents on 11.12.2020. Since no action has been taken by them, the petitioner is before this Court with this present Criminal Original petition.

3.The learned Additional Public Prosecutor (Crl.Side) appearing for the respondents, on instructions, would submit that the respondent police went to the petitioner's shop only for enquiry and there is no such harassment as contended by the learned counsel for the petitioner.

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Crl.O.P.(MD)No.15126 of 2020 4.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor (Crl.Side) appearing for the respondents.

5.Whenever the petitioner is called for an enquiry, the guidelines laid down by the Hon'ble Apex Court in D.K.Basu Vs. State of West Bengal reported in AIR (1997) SC 610 may be followed, while enquiring the petitioner.

6.With the above direction, this criminal original petition is closed.

Sd/- Assistant Registrar (RECORDS) // True Copy // / /2021 Sub Assistant Registrar(CS) vrn 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, Madurai District, Madurai.

2.The Deputy Superintendent of Police, Melur, Madurai District.

3.The Inspector of Police, Keelavalavu Police Station, Madurai District.

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

Crl.O.P.(MD)No.15126 of 2020 18.12.2020 KM (18.01.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2