Madras High CourtCRL OP(MD)/15859/2023disposed of

Sulaimani v. The Inspector General Of Police

2023-09-11Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.09.2023

CORAM

THE HONOURABLE DR.JUSTICE D.NAGARJUN Sulaimani ... Petitioner Vs 1.The Inspector General of Police, Office of the Superintendent of Police, Sivagangai, Sivagangai District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Karaikudi, Sivagangai District.

3.The Sub Inspector of Police Karaikudi North Police Station, Sivagangai District.

.. Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the third Respondent not to Harass the petitioner and his family members under the guise of enquiry.

For Petitioner : Mr.R.Venkatesan for M/s.Right Law Associates For Respondents : Mr.SS.Madhavan, Government Advocate (Criminal) 1/4

O R D E R

This petition is filed seeking for a direction to the respondent No.3 Police not to harass the petitioner and his family members under the guise of an enquiry.

2. It is submitted by learned counsel for the petitioner that a case has been registered against the petitioner's son in Crime No.216 of 2023, dated 07.08.2023, registered for the offences under Sections. 294 (b) and 308 of I.P.C. r/w Section 27 (2) and 29 (a) of Indian Arms Act and in the said enquiry, the respondent Police have been harassing the petitioner and his family members and therefore, sought for suitable directions.

3. Learned Government Advocate (Criminal Side) submits that under the guise of this order, the petitioner intended to seek blanket order not to investigate the case even against the petitioner's son, who has roped in Crime No.216 of 2023 basing on the confession statement of Accused No.1 It is reported by learned Government Advocate (Criminal Side) that the petitioner's son / A6 is still absconding.

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4. In view of the submissions made by both sides and on perusal of records, the petitioner cannot seek any orders in respect of his son / A6, however, sofaras the petitioner, his wife and daughter-in-law are concerned, if they are accused in any criminal case, the respondent Police are required to follow the procedure scrupuluously if their presence is required.

5. With the above directions, the petition is disposed of. 11.09.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The Inspector General of Police, Office of the Superintendent of Police, Sivagangai, Sivagangai District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Karaikudi, Sivagangai District.

3.The Sub Inspector of Police Karaikudi North Police Station, Sivagangai District.

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

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DR.D.NAGARJUN, J.

tsg 11.09.2023 4/4