Prakesh Christobar Petter v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Prakesh Christobar Petter ... Petitioner Vs.

State represented by 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Deputy Superintendent of Police, Thiruvaiyaru Division, Thanjavur District.

3.The Inspector of Police, Buthalur Police Station, Thanjavur District.

..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the 3rd respondent not to harass the petitioner and his family members and consider the petitioner's representation dated 03.07.2023. For Petitioner :Mr.S.B.Kayvin Prince For Respondents :Mr.B.Thanga Aravindh Government Advocate (crl.side) 1/4

O RDER This Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure seeking for a direction to the respondent police not to harass the petitioner and his family members and to consider the representation of the petitioner dated 03.07.2023.

2.It is submitted by the learned counsel for the petitioner that the petitioner is falsely implicated in one of the murder cases and since then, the respondent police without any reason have been harassing the petitioner every day and thereby the petitioner has filed a representation before the police dated 03.07.2023. However, the harassment still continues, thereby sought for suitable directions.

3.The learned Government Advocate (Crl.side) on the other hand submits that there are about 11 previous cases pending against the petitioner including a case for the offence under Section 302 IPC and history sheet is also opened against him in HS.No.3 of 2018. The respondent police in order to keep vigil have been monitoring his movements and not harassing the petitioner at all. 2/4

4.Considering the submissions made by the learned counsel on either side and also considering the fact that number of cases are pending against the petitioner, this Petition is disposed of directing the respondent police, in case if the presence of the petitioner is required for enquiry, to follow due process of law and not to harass the petitioner without following due process of law. Speaking : Yes / No 22.08.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Deputy Superintendent of Police, Thiruvaiyaru Division, Thanjavur District.

3.The Inspector of Police, Buthalur Police Station, Thanjavur District.

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

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DR.D.NAGARJUN. J.

mm Crl.O.P.(MD)No.14636 of 2023 22.08.2023 4/4