Madras High Court
P.Balamuthu vs The Superintendent Of Police on 20 September, 2023
Author: D.Nagarjun
Bench: D.Nagarjun
Crl.O.P.(MD) No.16576 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 20.09.2023
CORAM:
THE HONOURABLE DR.JUSTICE D.NAGARJUN
Crl.O.P.(MD) No.16576 of 2023
1. P.Balamuthu
2. Mohammed Ishaak
3. P.Sekar
4. M.Neelamanikandan
5. J.Jayaprakash
6. M.Nandakumar
7. R.Balaji
8. S.Vignesh
9. S.Satheesh Kumar ... Petitioners
Vs.
1. The Superintendent of Police,
Pudukottai District.
2. The Deputy Superintendent of Police
Keeranur Range,
Pudukkottai District.
3. The Inspector of Police
Mathur P.S,
Pudukkottai District.
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Crl.O.P.(MD) No.16576 of 2023
4. The Inspector of Police
Navalpattu P.S,
Tiruchirappalli District. ...Respondents
PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to
direct the respondents not to harass the petitioners under the guise of enquiry.
For Petitioners : Mr.M.Subash Chandra Bose
For R1 to R-4 : Mr.SS.Madhavan,
Government Advocate (Criminal Side)
ORDER
This Criminal Original Petition is filed under Section 482 of Cr.P.C. seeking for a direction to the respondent Police not to harass the petitioners under the guise of enquiry.
2. It is submitted by learned counsel for the petitioners that a case in S.C.No.2 of 2022 is pending against all the petitioners for the offence under Sections 294(b), 392, 397, 506 (ii), 341, 379, 143, 188, 279, 338, 387 and 511 of I.P.C. r/w Section 25(1)(a) of the Arms Act. Even though the petitioners have been attending the Courts regularly, the respondent Police have been harassing the petitioners. Therefore, sought for suitable directions. 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.16576 of 2023
3. Learned Government Advocate (Criminal Side), on the other hand, submits that, out of nine petitioners, there are four petitioners are rowdy sheeters and as matter of routine information to check the activities of the rowdy sheeters, they were enquired by following the procedure as per the Circular of the DGP and the respondent Police have not harassed the other persons. It is submitted that there is no complaint against the petitioners and it was only a periodical check.
4. In view of the submissions made by both sides, since no case or no enquiry is pending against the petitioners, this petition is disposed of, directing the respondent Police to follow the directions strictly issued by the DGP Circular in RC.No.1384913-2/Crime 4(3)/2021, dated 20.09.2021, in respect of reviewing of the case pertaining to the rowdy sheeters. In respect of the persons other than the rowdy sheeters, the respondent Police have no role to pay to call them for enquiry without following due process.
Speaking : Yes / No 20.09.2023
NCC : Yes / No
Internet : Yes / No
Index : Yes / No
tsg
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https://www.mhc.tn.gov.in/judis Crl.O.P.(MD) No.16576 of 2023 DR.D.NAGARJUN. J.
tsg To
1. The Superintendent of Police, Pudukottai District.
2. The Deputy Superintendent of Police Keeranur Range, Pudukkottai District.
3. The Inspector of Police Mathur P.S, Pudukkottai District.
4. The Inspector of Police Navalpattu P.S, Tiruchirappalli District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Crl.O.P.(MD) No.16576 of 2023 20.09.2023 4/4 https://www.mhc.tn.gov.in/judis