S.Barakkath Nisha v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN 1.S.Barakkath Nisha 2.A.Sadam Hussain ... Petitioners Vs.

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

2.The Deputy Superintendent of Police, Tiruchendur Sub Division, Tiruchendur, Thoothukudi District.

3.The Inspector of Police, Arumuganeri, Thoothukudi District.

4.The Sub Inspector of Police, Arumuganeri, Thoothukudi District.

... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents, his subordinates, etc., not to harass the petitioners under the guise of enquiry based on the 1st petitioner's representation dated 10.11.2021. For Petitioners : Mr.N.Pragalathan For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side).

O R D E R

This criminal original petition has been filed for restraining the respondents from harassing the petitioners herein. 2.When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) on instructions submitted that the second petitioner has come under the adverse notice of the 1/3

respondents on several occasions. It is stated that quite a few NDPS cases involving small quantities were registered against the second petitioner and he was also convicted. The second petitioner is said to be not only history sheeted rowdy by also a paddler of narcotic substances. In view of the materials before this Court regarding the involvement of the second petitioner, I have necessarily dismiss this criminal original petition as regards the second petitioner. The criminal original petition is dismissed as regards the second petitioner.

3.The first petitioner is the wife of the second petitioner. She has not come under the adverse notice of the respondent police. It is stated that as a part of the routine watch, the police had gone into the house of the petitioners to enquire about the whereabouts of the first petitioner. It is stated that the police have no intention to harass the first petitioner. The said submission is recorded and this criminal original petition is allowed in respect of the first petitioner.

Sd/- Assistant Registrar (CRL) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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, Thoothukudi District, Thoothukudi.

2.The Deputy Superintendent of Police, Tiruchendur Sub Division, Tiruchendur, Thoothukudi District.

3.The Inspector of Police, Arumuganeri, Thoothukudi District.

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4.The Sub Inspector of Police, Arumuganeri, Thoothukudi District.

+1 CC to M/s.N. PRAGALATHAN, Advocate ( SR-34789[F] dated 17/11/2021 ) 17.11.2021 NA(CO) KB(01.12.2021) 3P 6C 3/3