Akin v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.10.2024

CORAM

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

1.The Superintendent of Police, Kanyakumari District at Nagercoil.

2.The Inspector of Police, Puthukadai Police Station, Kanyakumari District.

... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents not to harass the petitioner. For Petitioner : Mr.S.Sivakumar For Respondents : Mr.P.Kottai Chamy Government Advocate (Crl. Side)

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the respondents not to harass the petitioner.

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2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents would submit that the petitioner is having three previous cases, in which, two cases are under NDPS Act and is a history sheeted person in H.S.No. 181 of 2023 and that the petitioner was directed to appear for initiating proceedings under Section 110 Cr.P.C.

3. It is not the case of the prosecution that any other case is pending for investigation. In case of initiating proceedings under Section 110 Cr.P.C., the respondents are at liberty to issue written summons to the petitioner to appear before them for enquiry and as such, they are not entitled to call him at their whims and fancies. Hence, the respondents are directed not to harass the petitioner.

4. With the above direction, this Criminal Original Petition stands allowed.

23.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm 2/4

To 1.The Superintendent of Police, Kanyakumari District at Nagercoil.

2.The Inspector of Police, Puthukadai Police Station, Kanyakumari District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 23.10.2024 4/4