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Madras High CourtCRL OP(MD)/23761/2025disposed of

K. Nagoor Kani v. The State Of Tamilnadu, Rep By The Superintendent Of Police,

2026-01-02Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI K.Nagoor Kani ... Petitioner Vs.

1.The Superintendent of Police, O/o.The Superintendent of Police, Trichy District.

2.The Additional Superintendent of Police, O/o.The Additional Superintendent of Police, Thiruverumbur, Trichy District.

3.The Inspector of Police, Boiler Plant Police Station, Trichy District.

... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the respondents herein not to harass the petitioner on the guise of enquiry except through due process of law and also to take necessary action on his representation dated 12.12.2025. For Petitioner : Mr.B.Jameelarasu 1/5

For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl. side)

ORDER

Seeking to direct the respondents not to harass the petitioner on the guise of inquiry except through due process of law and to take necessary action on his representation dated 12.12.2025, this criminal original petition is filed.

2. The learned counsel for the petitioner submitted that the petitioner earlier had sent a complaint regarding bribery as against the 2nd respondent to the CM cell. In this regard, the 2nd respondent had developed vengeance on the petitioner and has instigated the 3rd respondent to harass the petitioner on the guise of searching the petty shop run by the petitioner for presence of any tobacco products.

3. The learned Government Advocate on instructions submitted that the petitioner is not running petty shop. He is actually an illegal tobacoo vender and having six previous cases similar in nature and the 2/5

allegations as put forth by the learned counsel for the petitioner is baseless and the 2nd respondent had joined service in the present station only before two months.

4. The learned counsel for the petitioner insisted that the respondents are harassing the petitioner to the extent that he was not allowed to open the petty shop and run the shop, so that his livelihood itself is affected.

5. Heard the learned counsels on either side and perused the materials available on record.

6. Considering the above, this Court directs the petitioner to face the criminal cases, whatever is registered as against him in the manner known to law and he is further directed not to indulge in sale of tobacco products unauthorizedly in future and in that case, the respondent police is directed to facilitate him to run the petty shop. 3/5

7. With the above directions, this Criminal Original Petition stands disposed of.

02.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Superintendent of Police, O/o.The Superintendent of Police, Trichy District.

2.The Additional Superintendent of Police, O/o.The Additional Superintendent of Police, Thiruverumbur, Trichy District.

3.The Inspector of Police, Boiler Plant Police Station, Trichy District.

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

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L.VICTORIA GOWRI, J.

gbg 02.01.2026 5/5