Madras High CourtCRL OP(MD)/15198/2023disposed of

A.Ananthakumar v. The Sub Inspector Of Police

2023-08-30Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.15198 of 2023 A.Ananthakumar ... Petitioner Vs.

1.The State represented by the Inspector of Police, Pattukkottai Taluk Police Station, Thanjavur District.

(Crime No.257 of 2023) 2.The Special Revenue Inspector, Mines and Minerals (Development and Regulation) Department, Thanjavur District.

...Respondents

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the respondents not to harass the petitioner in the guise of enquiry in Crime No.257 of 2023 on the file of the Inspector of Police, Pattukkottai Taluk Police Station, Thanjavur District.

For Petitioner : Mr.K.Mahendran For R1 and R-2 : Mr.B.Thanga Aravindh, Government Advocate(Criminal Side) 1/4

O RDER This Criminal Original Petition is filed under Section 482 of Cr.P.C. seeking for a direction to the respondent Police not to harass the petitioner under the guise of enquiry in Crime No.257 of 2023.

2. It is submitted by learned counsel for the petitioner that on a false complaint given by the Revenue Inspector, a case has been registered in Crime No.257 of 2023 for the offences under Section 379 of I.P.C. r/w Section 21 (1) of Mines and Minerals (Development and Regulation) Act, 1957. It is the case of the petitioner that he was not present in the scene of occurrence and on account of mistake in the identity as one of the offenders in this case, is by name, A.Ananthakumar, s/o Veeerachamy, the Police have been harassing as if the petitioner, who is the son of Ayyavoo, has committed the offence. Therefore, sought for suitable directions.

3. Learned Government Advocate (Criminal Side) has submitted that he will make an enquiry in respect of submission of petitioner, therefore, the petitioner is directed to approach the respondent Police and file a representation 2/4

by showing his identity and also explaining that he is not the son of Veerachamy and on filing of such representation, the respondent Police are directed to enquire the matter and not to harass the petitioner, in case, if he is not involved in the criminal case.

4. With the above direction, the Criminal Original Petition is disposed of.

30.08.2023 Speaking : Yes / No NCC : Yes / No Internet : Yes / No Index : Yes / No tsg To 1.The Inspector of Police, Pattukkottai Taluk Police Station, Thanjavur District.

(Crime No.257 of 2023) 2.The Special Revenue Inspector, Mines and Minerals (Development and Regulation) Department, Thanjavur District.

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

DR.D.NAGARJUN. J.

tsg Crl.O.P.(MD) No.15198 of 2023 30.08.2023 4/4