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Madras High CourtCRL OP(MD)/16584/2024disposed of

Deisiya v. The State Of Tamil Nadu

2024-09-30Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Deisiya : Petitioner Vs.

1.The Superintendent of Police, O/o.The Superintendent of Police, Thoothukudi, Thoothukudi District.

2.The Inspector of Police, Tiruchendur Police Station, Thoothukudi District.

... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents herein not to harass the petitioner herein under the guise of enquiry.

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

ORDER

This Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders, to direct the respondents herein not to harass the petitioner herein under the guise of enquiry. 1/4

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the State would submit that FIR came to be registered in Crime No.164 of 2023 alleging that the accused was in possession of 120 kgs of Ganja and on the basis of the confession given by the co-accused, the petitioner's husband Anthony Pitchai was added as 10th accused in the above case and that since he was absconding, the respondent police went to the house of the petitioner for knowing the whereabouts of the petitioner's husband and hence, the present petition came to be filed.

3. The learned Government Advocate (Criminal Side) would further submit that on enquiry from the petitioner, they came to know that her husband is now in Dubai.

4. Considering the above, the second respondent is at liberty to take action against the petitioner's husband. The petitioner is duty bound to inform the whereabouts of her husband. The second respondent is directed not to harass the petitioner.

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

30.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No das To 1.The Superintendent of Police, O/o.The Superintendent of Police, Thoothukudi, Thoothukudi District.

2.The Inspector of Police, Tiruchendur Police Station, Thoothukudi District.

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

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K.MURALI SHANKAR,J.

DAS Order made in Dated: 30.09.2024 4/4