Madras High CourtCRL OP(MD)/16360/2023disposed of

Mohamed Aliyar v. The Commissioner Of Police

2023-09-19Honourable Dr. Justice D.Nagarjun5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.16360 of 2023 Mohamed Aliyar ... Petitioner Vs.

1.The State rep.by The Commissioner of Police, Office of the Commissioner of Police, 2.The Assistant Commissioner of Police, Thillalinagar Range, 3.The Inspector of Police, Government Hospital Police Station, 4.Mohamed Ibrahim, Head Constable, Government Hospital Police Station (Crime), 5.Sasikumar, Head Constable, Special Task Force, C/o.Commissioner of Police, Office of Commissioner of Police, Trichy City. ..Respondents 1/5

PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents 2 to 5 not to harass the petitioner under the guise of enquiry on the foisted complaints, further not to put him falsely under detention order.

For Petitioner : Mr.C.Karthikeyan For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor O R D E R This Criminal Original Petition is filed seeking for a direction to the respondents Police not to harass the petitioner.

2. It is submitted by the learned counsel appearing for the petitioner that the petitioner is running an ambulance service at free of cost and the ambulance operators, who sustained loss due to the service rendered by the petitioner, have filed anonymous complaint against the petitioner, basing on which, the respondents Police have been harassing the petitioner. Therefore, he sought for suitable directions.

3. The learned Additional Public Prosecutor appearing for the official respondents submits that there are five cases pending against the 2/5

petitioner and as of now, there is no complaint or enquiry pending against the petitioner and the respondents Police are not harassing the petitioner.

4. It is submitted by the learned counsel appearing for the petitioner that the respondents 4 and 5, who are working as Head Constables in the Government Hospital Police Station and the Commissioner of Police, have directed the petitioner not to bring the ambulance into the hospital.

5. Considering the submissions made by both sides, the respondent Nos.1 to 3 Police and the respondents 4 and 5 are directed not to harass the petitioner and not to give any illegal direction to the petitioner.

6. Accordingly, this Criminal Original Petition is disposed of. Index : Yes/No 19.09.2023 Internet : Yes/No ssb To 1.The State rep.by The Commissioner of Police, Office of the Commissioner of Police, 2.The Assistant Commissioner of Police, Thillalinagar Range, 3/5

3.The Inspector of Police, Government Hospital Police Station, 4.The Head Constable, Government Hospital Police Station (Crime), 5.The Head Constable, Special Task Force, C/o.Commissioner of Police, Office of Commissioner of Police, 6.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5

DR.D.NAGARJUN. J.

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