Madras High CourtCRL OP(MD)/18974/2024disposed of

M.Peer Mohammed v. The State Of Tamilnadu

2024-11-05Honourable Mr Justice K.K. Ramakrishnan6 pages

1 Crl.O.P.(MD) No.18974 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.11.2024

CORAM:

THE HONOURABLE MR. JUSTICE K.K.RAMAKRISHNAN Crl.O.P(MD). No.18974 of 2024 M.Peer Mohammed ... Petitioner Vs.

The Inspector of Police, Vigilance and Anti-Corruption Police Station, Tirunelveli.

(Crime No.5/2022) ... Respondent PRAYER: Criminal Original Petition has been filed under Section 482 Cr.P.C. praying to direct the respondent not to harass the petitioner in connection with Crime No.05 of 2022 on the file of the respondent. For Petitioner : Mr.T.Selvan For Respondent : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

2 Crl.O.P.(MD) No.18974 of 2024

ORDER

This criminal original petition has been filed to direct the respondent not to harass the petitioner in connection with the Crime No. 05 of 2022 on the file of the respondent police. 2.The case of the prosecution is that the petitioner's son has been implicated as accused in Crime No.5 of 2022. The accused was working as Joint-I, Sub Registrar, Original Registration Branch, Sub Registrar Office, Tenkasi, from 22.10.2020 to till date. When the accused was working as Sub Registrar, Alangulam from 21.09.2017 to 28.01.2020, he initially registered a settlement deed No.2525/2019, dated 21.05.2019 executed by the petitioner in favour of one Ibrahim Bathusa in respect of the land comprised in S.No.25/1B1A of Melapalayam Village to an extent of 1.58 acres. In continuation of the above settlement deed dated 21.05.

2019, he had registered 76 sale deed documents in respect of 76 plots divided into various extents ranging from 12.52 cents to 1.01 cents within 7 days and deliberately ignored the stipulations of the circular dated 18.03.2020, G.Os and the Act and caused heavy loss to the Government Exchequer for a sum of Rs.17,48,839/-.

3 Crl.O.P.(MD) No.18974 of 2024 petitioner's son. Hence, the respondent police called the petitioner's son to appear before the second respondent police station and harassed him. Hence, the petitioner filed the present petition. 3.The learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner's son was not available at his hometown and hence, the respondent/Inspector of Police asked the petitioner to appear before this Court without issuing the summons. The petitioner also undertook to appear before the respondent Police. He appeared once and was examined and the inspector of Police asked him to appear before the respondent Police Station again and he failed to appear. At this stage, the petitioner filed this petition for a direction not to harass. Hence, he seeks to dismiss this petition. 4.The rival submissions made by the learned counsel appearing on either side were considered and the documents available on record were perused.

5.From the records, it is clear that the petitioner is aged about 72 years and the petitioner's involvement in the alleged offence is matter to

4 Crl.O.P.(MD) No.18974 of 2024 be enquired by the respondent Police and the respondent is duty bound to follow the procedure under Section 179 of Bharatiya Nagarik Suraksha Sanhita, 2023. As per the Section 179 of BNSS, 2023, the investigating agency has power to issue summons and call any person acquainted with the facts and circumstances of the case for enquiry. 6.With the above observations, this Court disposes of the petition with the following terms:

6.1.The petitioner is directed to appear before the respondent Police/Inspector of Police from 18.11.2024 to 20.11.2024. 6.2.The Inspector of Police is strictly instructed not to harass the petitioner against the dictum of the D.K.Basu guidelines. 6.3.It is made clear that if any incriminating materials surface against the petitioner, it is open to the respondent/Inspector of Police to act as per law.

05.11.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No vsg

5 Crl.O.P.(MD) No.18974 of 2024 To

1. The Inspector of Police, Vigilance and Anti-Corruption Police Station, Tirunelveli.

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

6 Crl.O.P.(MD) No.18974 of 2024 K.K.RAMAKRISHNAN, J.

vsg Crl.O.P(MD). No.18974 of 2024 05.11.2024