O R D E R

This Criminal Original Petition has been filed to direct the Second Respondent not to harass the petitioners under the guise of enquiry.

2. The case of the petitioners are as follows:

(i) The first petitioner is pawn broker and is doing business under the name and style of "MRD Pawn Broker",after obaining necessary license under Section 4 (4) of Tamil Nadu Pawn Brokers Act and the second petitioner is her husband.

(ii) Whileso, the Second Respondent police 23.11.2021at 1.00 P.M. had visited the petitioner's shop and taken the first petitioner forcibly along with the Sister's son of the second petitioner to the police Station and demanded 56 sovereigns from them, to complete the investigation, which finally reduced to five sovereigns. The second petitioner thereafter contacted his advocate and got his wife and his sister's son released on 24.11.2021. Therefore, the first petitioner sent a representation to the first respondent through registered post on 25.11.2021, but no action has been taken till date. Hence, this petition.

3. The grievance of the petitioners is that they have been unnecessarily harassed by the Second Respondent under the guise of enquiry, calling them at odd hours despite the fact that the first petitioner who is a lady.

4. The learned Additional Public Prosecutor submitted that the petitioners are involved in purchase and pledging of stolen jewels. He furthers submitted that one Imran Khan was arrested with respect to the case in Crime No.784 of 2021 has been registered for the offence punishable under Sections 454 and 388 I.P.C. and given a confession that these petitioners received the stolen property from him. He further submitted that the said Imran Khan is a regular offender and these pawnbrokers are helping the offenders for segregating stolen jewels and valuables. He further submitted that on knowing that the petitioners received one kg of silver articles and 20 sovereigns of gold from the arrested accused, they were called for enquiry.

5. Heard the submissions of the learned counsel appearing for the petitioner. Perused the records.

6. On the submission of the learned counsel appearing on either side and also on perusal of materials available on record, the respondents calling the petitioners to appear with relevant documents to show jewels recovered following Pawn Brokers Act, if credible information is available to show that the petitioners received any stolen articles, appropriate steps to be taken. Thus Issuance of summons and calling for enquiry cannot be termed as harassment.

7. In view of the same,this Criminal Original Petition is dismissed.

09.12.2021 Index: Yes/No Internet: Yes/No arr To

1. The Superintendent of Police, Chengalpattu District, Chengalpattu.

2. Inspector of Police, Maraimalai Nagar Police Station, Chengalput District.

3.The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR, J.

arr

09.12.2021