Madras High CourtCRL OP(MD)/21673/2024disposed of

Syidaputhagir v. The State Of Tamil Nadu,

2024-12-10Honourable Mr Justice M. Nirmal Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.12.2024

CORAM

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

1. The Commissioner of Police Office of the Commissioner of Police Alagarkovil Main Road, K.Pudur, Madurai, Tamil Nadu- 625 002

2. The Superintendent of Police Office of the Superintendent of Police Alagarkovil Main Road, K.Pudur, Madurai, Tamil Nadu- 625 002

3. The Inspector of Police Jaihindpuram Police Station Madurai, Tamil Nadu

4. Arul Kumar Head Constable of Police Jaihindpuram Police Station Madurai, Tamil Nadu .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents not to harass the petitioner in the guise of inquiry under the impression of suspect on the basis of petitioner representation dated 23.11.2024 1/5

For Petitioner : Mr.S. Mohammed Azharuddin For Respondents : Mr.A.Thiruvadi Kumar No.1 to 3 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondents not to harass the petitioner in the guise of enquiry under the impression of suspect on the basis of petitioner representation dated 23.11.2024

2. The petitioner has sent representation on 25.11.2024 to the Director General of Police, Chennai, District Collector, Madurai, Commissioner of Police, Madurai and Superintendent of Police, Madurai to take action against the Inspector of Police, Jaihindpuram Police station to return the petitioner's mobile phone which has been seized by the fourth respondent.

3. The petitioner on earlier three occasions appeared before the third respondent and he was unnecessarily detained in the police station without any question and the petitioner has been subjected to harassment. The respondent police suspecting the petitioner involved in selling small 2/5

quantity of kanja to school students and college students. Further the petitioner was informed that due to mistaken identity the name of the petitioner has been used. The petitioner has got no previous antecedents and he is not involved in such activities.

4. The learned Additional Public Prosecutor submitted that it was found that the petitioner is the only person with this name and hence the petitioner was called for enquiry.

5. In view of the same, the petitioner is directed to appear before the respondent police for enquiry if it is found that the petitioner is no more required for enquiry he will not be disturbed.

6. The learned counsel appearing for the petitioner on instructions submitted that the petitioner will appear before the respondent on 14.12.2024.

7. The Inspector of Police, Jaihindpuram Police Station is directed to conduct enquiry in this case. Further if there is any seizure of mobile phone, the same shall also be returned to the petitioner. 3/5

8. With the above direction, the Criminal Original Petition stands disposed of.

10.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No aav Note: Issue order copy on 12.12.2024 To

1. The Commissioner of Police Office of the Commissioner of Police Alagarkovil Main Road, K.Pudur, Madurai, Tamil Nadu- 625 002

2. The Superintendent of Police Office of the Superintendent of Police Alagarkovil Main Road, K.Pudur, Madurai, Tamil Nadu- 625 002

3. The Inspector of Police Jaihindpuram Police Station Madurai, Tamil Nadu 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M.NIRMAL KUMAR,J.

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