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Madras High CourtCRL OP(MD)/20099/2024dismissed

V. Raju v. State Of Tamilnadu

2024-11-20Honourable Mr Justice M. Nirmal Kumar5 pages

0BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR V.Raju .. Petitioner Vs.

1. The Superintendent of Police O/o.Superintendent of Police Virudhunagar

2. The Inspector of Police Narikudi Police Station

3. The Sub Inspector of Police A. Mukkulam Police Station .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent and his officials not to harass the petitioner and his family members unnecessarily against law under the guise of enquiry on the basis of the petitioners representation dated 04.11.2024 to the first respondent.

For Petitioner : Mr.A. Karthigaivel For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor 1/5

ORDER

This Criminal Original Petition has been filed tto direct the second respondent and his officials not to harass the petitioner and his family members unnecessarily against law under the guise of enquiry on the basis of the petitioners representation dated 04.11.2024 to the first respondent.

2. The petitioner had sent representation dated 04.11.2024 stating that for the past 40 years he is residing in Mudukkankulam Village. One Muthusamy husband of the Panchayat President has been sending anonymous petition to various authorities making false allegations. Against the petitioner petition has been sent stating that the petitioner was dealing with banned tobacco products. On 03.11.2024 the Sub Inspector of Police attached to the respondent police had come to the house of the petitioner and made a search but nothing could be seized. According to the petitioner he is having no shops and he is not dealing with any banned tobacco products. The respondent police are calling the petitioner for enquiry and hence he has filed the present petition.

3. The learned Additional Public Prosecutor submitted that respondent police to curb and curtail the sale of banned tobacco products 2/5

that took place on 02.03.2024 had found one Muthuraman of Mudukankulam dealing with tobacco products a case in Crime No.18 of 2024 registered for offences under Section 24(1) of Cigarette and Other Tobacco Products Act. During enquiry with the said Muthuraman the petitioner's house was pointed and thereafter it was verified and no search or seizure was made in the petitioner's house and enquiry has been made which has been projected as though the respondent police are causing harassment to the petitioner.

4.In view of the above this Court finds that the enquiry with the petitioner would not amount to harassment and hence this Criminal Original Petition stands dismissed.

20.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No aav To

1. The Superintendent of Police O/o.Superintendent of Police Virudhunagar 3/5

2. The Inspector of Police Narikudi Police Station

3. The Sub Inspector of Police A. Mukkulam Police Station 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M.NIRMAL KUMAR,J.

aav 20.11.2024 5/5