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Madras High CourtCRL OP(MD)/15374/2023disposed of

Mohammed Naiyumutheen Malik v. The Superintendent Of Police

2023-09-01Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Mohammed Naiyumutheen Malik ... Petitioner Vs.

1.The Superintendent of Police, District Superintendent Office, Theni District.

2.The Inspector of Police, District Crime Branch, Theni District.

..Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, directing the respondents not to harass the petitioner under the guise of enquiry. For Petitioner :Mr.K.Navaneetharaja 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 under the guise of enquiry.

2.It is submitted by the learned counsel for the petitioner that the petitioner is doing a business of purchase of gold jewelry at Coimbatore and sell it to the vendors of needy persons in the nearby villages. It is submitted that the petitioner is having business dealings with one, Murugapandi, who has been running the gold jewelry store at Theni in the name of Senthur Jewelry. It is submitted that the respondent police have given the notice to the petitioner, on which he appeared on 24.07.2023 and subsequently, without giving notice, the police have been harassing the petitioner and demanding him to give 1 kg of gold and finally demanding the petitioner to give atleast 1⁄2 kg of gold. 3.Since the respondent police have been mentioning that two criminal cases are pending, wherein the accused No.1 has confessed against the petitioner, the respondent police are directed to proceed with the investigation strictly and 2/4

scrupulously by following the procedure as per law. In case if the procedure is deviated, the petitioner is at liberty to approach this Court. 4.With the above directions, this Petition is disposed of. Speaking : Yes / No 01.09.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No mm To 1.The Superintendent of Police, District Superintendent Office, Theni District.

2.The Inspector of Police, District Crime Branch, Theni District.

3.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.15374 of 2023 01.09.2023 4/4