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Madras High CourtCRL OP(MD)/21531/2024dismissed

J.Rajesh v. The State Of Tamil Nadu,

2024-12-09Honourable Mr Justice M. Nirmal Kumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.(MD)Nos.21531 of 2024 J.Rajesh ... Petitioner Vs.

Tirunelveli District, Panagudi Police Station, Panagudi, Tirunelveli District.

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

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Crl.O.P.(MD)Nos.21544 of 2024 J.Rajesh ... Petitioner Vs.

Kanniyakumari District, Asaripallam Police Station, Asaripallam, Kanniyakumari District.

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

(In both cases) For Petitioner : Mr.K.Sivabalan for M/S.Aran Legal Consultancy For R-1 & R-2 : Mr.A.Thiruvadi Kumar Additional Public Prosecutor 2/6

COMMON ORDER These Criminal Original Petitions have been filed to direct the second respondent, not to harass the petitioner under the guise of an enquiry.

2. The contention of the petitioner is that under the guise of an enquiry, the respondent police are calling upon the petitioner for an enquiry at odd hours and also causing harassment to his family members.

3. The learned Additional Public Prosecutor on instruction from the respondent police submitted that a case in Crime Nos.75 of 2024 and 102 of 2024 have been registered as against the petitioner and both the offences are serious in nature. Since the petitioner is a notorious person, history sheet has been opened by the Inspector of Police, Panagudi Police Station in H.S.No.9 of 2024. Therefore, for the purpose of verification, the respondent police had visited the place of the petitioner and the same cannot be termed as harassment. He further submitted that the petitioner was detained under Tamil Nadu Act 14 and the same was set aside by this Court in H.C.P.(MD)No.451 of 2024 on 19.09.2024. 3/6

4. Since the petitioner is a history sheeter, the respondent police have visited the place of the petitioner and the same cannot be termed as harassment. Accordingly, these Criminal Original Petitions stands dismissed.

09.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No jbr To Tirunelveli District, Panagudi Police Station, Panagudi, Tirunelveli District.

3. The Superintendent of Police, Kanniyakumari District,

4. The Inspector of Police, Asaripallam Police Station, Asaripallam, Kanniyakumari District.

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

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M.NIRMAL KUMAR,J.

jbr 09.12.2024 6/6