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Madras High CourtCRL OP/10542/2015dismissed

Mr.Babulal Sha v. The Inspector Of Police

2015-04-27Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 27.04.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP.No.10542 of 2015 and M.P.No.1 of 2015 Babulal Sha ...

Petitioner Vs The Inspector of Police, G5, Secretariat Colony Police Station (Crime), Kilpauk, Chennai-600 010.

... Respondent Prayer:- Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to call for the Police Notice in G5 Crime CSR/318/2015 dated 08.04.2015 issued by the respondent police and quash the same as illegal.

For Petitioner :Mr.K.Shahul Hameed For Respondent :Mr.C.Emalias Additional Public Prosecutor

ORDER

This petition has been filed to call for the Police Notice in G5 Crime CSR/318/2015 dated 08.04.2015 issued by the respondent police and quash the same.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent and perused the material placed on record.

3.The petitioner is seeking to quash the summons filed under Section 160 CrPC issued by the respondent police for asking to attend the enquiry. It appears that the complaint given by S.Thanga Mariyammal in CSR.No.318 of 2014 is pending. In order to conduct enquiry, as directed by the Hon'ble Supreme Court in Lalita Kumari v. Government of Uttarpradesh and Others reported in (2014) 2 SCC 1, the police has taken action by calling upon him to attend the enquiry. Under these circumstances, the police has done their statutory duty and this Court cannot interdict and https://hcservices.ecourts.gov.in/hcservices/

quash the same. Hence, this petition is dismissed. Consequently connected Miscellaneous petition is closed.

Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar mps To 1.The Inspector of Police, G5, Secretariat Colony Police Station (Crime), Kilpauk, Chennai-600 010.

2.The Public Prosecutor, High Court, Madras.

Crl.OP.No.10542 of 2015 and M.P.No.1 of 2015 PUR (CO) kk 19/5 https://hcservices.ecourts.gov.in/hcservices/