Madras High CourtCRL OP(MD)/22470/2024disposed of

Dhanasekaran @ Dhanush v. The Commissioner Of Police

2024-12-20Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Dhanasekaran @ Dhanush ... Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The State of Tamil Nadu, Rep. by, The Inspector of Police, C-4, Tilakarthidal Police Station, Madurai.

... Respondents PRAYER : Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the respondent Police not to harass the petitioner on the guise of enquiry except through due process of law.

For Petitioner : Mr.S.Murugapandi For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

ORDER

The petitioner has filed this Criminal Original Petition seeking relief from harassment, stating that he had already sent a representation 1/4

to the Commissioner of Police on 14.12.2024, claiming that the second respondent Police were calling him for investigation. The petitioner further mentioned that he had been previously involved in a case, Crime No.11 of 2017, which eventually led to S.C.No.57 of 2018, where he was acquitted by the learned Additional District Judge, Sattur, on 04.09.2024.

2. The learned Additional Public Prosecutor submitted that the petitioner had been involved in a murder case and other offences and is listed as a history sheeter under H.S.No.5 of 2023. The learned Additional Public Prosecutor further submitted that, as a history sheeter, the petitioner's whereabouts and movements were being verified by a special team from the first respondent, who had visited the petitioner's house for this purpose. The second respondent had not entered the petitioner's house.

3. Considering the above submissions, it is seen that the petitioner is a history sheeter in H.S.No.5 of 2023. Therefore, it is reasonable for the respondent Police to inquire about his whereabouts and movements in order to maintain peace and ensure no offenses are committed. The 2/4

petitioner's claim of harassment due to the police visiting his house is not substantiated. Hence, this Criminal Original Petition is dismissed. NCC : Yes / No 20.12.2024 Index : Yes / No smn2 To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, C-4, Tilakarthidal Police Station, Madurai.

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

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M.NIRMAL KUMAR, J.

smn2 Order made in Dated: 20.12.2024 4/4