Madras High CourtCRL OP(MD)/13993/2023disposed of

Pasumpon v. The Superintendent Of Police

2023-08-08Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.13993 of 2023 1.Pasumpon 2.Bhuvaneswari 3.Solaimathi ... Petitioners Vs.

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

2.The Inspector of Police, Vachakarappatti Police Station, Virudhunagar District.

..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent and his men not to harass the petitioners under the guise of enquiry without following due process of law.

For Petitioners : Mr.R.Murugappan For R1 and R2 : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) 1/4

O RDER This Criminal Original Petition is filed seeking for a direction to the second respondent Police not to harass the petitioners.

2. It is submitted that the first petitioner was suspected to in a criminal case while he was less than 18 years of age and after enquiry, he was set at liberty and no case was registered. The first petitioner is now aged about 27 years and the second petitioner is his wife and the third petitioner is his sister. It is submitted that even though no case has been registered against the petitioners, the second respondent Police are visiting the petitioners' house every day in midnight and taking the pictures and harassing the petitioners without any reason.

3. The learned Government Advocate (criminal side) appearing for the official respondents, on the other hand, submits that a theft case has been registered against the petitioners and only in respect of that, an enquiry was conducted and the petitioners were never harassed. It is submitted that now, no case is pending against the petitioners, thereby, the petitioners are not being harassed and not being called. 2/4

4. Considering the submissions made by the learned Government Advocate (criminal side) appearing for the official respondent, this Criminal Original Petition is disposed of directing the respondents Police not to harass or call the petitioner for enquiry without following due process of law.

Index : Yes/No 08.08.2023 Internet : Yes/No ssb To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Vachakarappatti Police Station, Virudhunagar District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4

DR.D.NAGARJUN. J.

ssb 08.08.2023 4/4