Dismissed

Dhanasekaran @ Dhanush v. The Commissioner of Police

Madras HC20 Dec 2024CRL OP(MD)/22470/2024

Case brief

AI extract

What is this about?

In a criminal original petition under BNS 2023 seeking relief from police harassment, the court rejected the petitioner's claim, noting he is a history sheeter subject to movement checks by police to ensure public safety, dismissing the plea.

What did the court decide?

The petition was dismissed finding the police action reasonable for a history sheeter. No specific relief granted.

Dhanasekaran @ Dhanush Vs The Commissioner of Police — Criminal Trial and Appeal | Madras HC (2024)

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Crl.O.P.(MD)No.22470 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 20.12.2024

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CORAM

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THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

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Crl.O.P.(MD)No.22470 of 2024

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Dhanasekaran @ Dhanush ... Petitioner Vs.

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1.The Commissioner of Police, Madurai City,

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Madurai.

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

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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.

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For Petitioner : Mr.S.Murugapandi

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For Respondents : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

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ORDER

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The petitioner has filed this Criminal Original Petition seeking

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relief from harassment, stating that he had already sent a representation

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.22470 of 2024

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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.

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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.

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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

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.22470 of 2024

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petitioner's claim of harassment due to the police visiting his house is not

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substantiated. Hence, this Criminal Original Petition is dismissed.

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NCC : Yes / No Index : Yes / No smn2

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20.12.2024

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

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

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

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.(MD)No.22470 of 2024

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M.NIRMAL KUMAR, J.

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smn2

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Order made in Crl.O.P.(MD)No.22470 of 2024

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Dated: 20.12.2024

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4/4 https://www.mhc.tn.gov.in/judis

Dhanasekaran @ Dhanush v. The Commissioner of Police

Case brief

What is this about?

What did the court decide?

Dhanasekaran @ Dhanush v. The Commissioner of Police

Case brief

What is this about?

What did the court decide?

What the court decided

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