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Madras High CourtCRL OP(MD)/14557/2024disposed of

R.Paramasivam v. The Superintendent Of Police

2024-09-02Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR R.Paramasivam ... Petitioner Vs.

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

2.The Inspector of Police, All Women Police Station, Dindigul, Dindigul District.

3.The Inspector of Police, Dindigul Town North Police Station, Dindigul.

... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents 2 and 3 not to harass the petitioner under the guise of investigation in connection with criminal case in Spl.S.C. No. 408 of 2023 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act by considering the petitioner's representation, dated 16.08.2024 and for other reliefs.

For Petitioner : Mr.A.Ajith Prakash 1/5

For Respondents : Mr.P.Kottai Chamy, Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 528 of BNSS., seeking orders, to direct the respondents 2 and 3 not to harass the petitioner under the guise of investigation in connection with criminal case in Spl.S.C.No.408 of 2023 on the file of the Special Court for Exclusive Trial of Cases under POCSO Act by considering the petitioner's representation, dated 16.08.2024 and for other reliefs.

2. It is not in dispute that the petitioner is facing the trial for the offence under Sections 5(i), 5(j)(ii), 6(i) of POCSO Act and 376(2)(n) of IPC and since the case was taken on file, he has appeared before the concerned Court.

3.The learned counsel for the petitioner would submit that though the petitioner is appearing before the concerned Court regularly for the hearings, the respondent police were calling him very often and has been harassing him.

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4. The learned Government Advocate (Criminal Side) appearing for the State would submit that the petitioner was history sheeted in H.S.No.3 of 2024 on 13.01.2024 by the All Women Police Station and subsequently, taking note of the residence of the petitioner, that was transferred to the Dindigul Town North Police Station and they have assigned new H.S.No. 702 of 2024.

5. But the learned counsel for the petitioner would submit that the petitioner is having only one pervious case that was referred above and except the above case, he is not having any other case. 6.When the same was questioned, they have produced the SOP for opening and maintaining of POCSO HS and as per PSO 749(1), the persons, not convicted, but believed to be addicted to crime shall be classified as suspect. This Court is at loss to understand as to how the petitioner can be brought under this category. According to the prosecution, when the victim was admitted in the hospital, the Hospital authority had noted that she was three months pregnant and hence, a complaint came to be lodged and on that basis, FIR came to be registered. 3/5

7.Considering the facts and circumstances of the case and also the submissions made on either side, this Court is of the view that the respondent Police are to be directed not to harass the petitioner.

8. With the above direction, the Criminal Original Petition stands disposed of.

02.09.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No das To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, All Women Police Station, Dindigul, Dindigul District.

3.The Inspector of Police, Dindigul Town North Police Station, Dindigul. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR,J.

das Order made in Dated: 02.09.2024 5/5