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Madras High CourtCRL OP/18331/2016allowed

Vandana Srinivasan F/A 47 Yrs v. The Inspector Of Police

2016-08-18Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.18331 of 2016 Vandana Srinivasan ... Petitioner Vs The Inspector of Police, S-13 Chromepet Police Station, Chennai.

... Respondent Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to quash the police summon dated 11.08.2016 issued by respondent to petitioner.

For Petitioner :

Mr.M.Mohana Sundaram For Respondent :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

This petition has been filed to quash the police summon dated 11.08.2016 issued by the respondent to the petitioner.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. It is seen that on the complaint given by one Balakrishnan, petition enquiry is pending before the respondent police and that, the respondent police had issued summons dated 11.08.2016 directing the petitioner to appear for enquiry on 16.08.2016, challenging which, the petitioner is before this Court.

4. The learned Counsel for the petitioner submitted that the summons does not even show on whose complaint the enquiry is being conducted and what are the documents that are required by the Enquiry Officer. In normal circumstances, this Court will not interfere, to quash, summons issued under Section 160 & 91 Cr.P.C. However, in this case, on a reading of the summons, it is bereft of even minimum particulars as to who the complainant is and what are the https://hcservices.ecourts.gov.in/hcservices/

documents required, what is the nature of the complaint and only then, the petitioner can produce necessary documents before the Police.

Under such circumstances, the petition is allowed and summon is quashed with liberty to the respondent police to issue fresh summons.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar kmi/sms To

1. The Inspector of Police, S-13 Chromepet Police Station, Chennai.

2. The Public Prosecutor, High Court, Madras.

+1cc to Mr.M.Mohana Sundaram, Advocate, S.R.No.47229 Crl.OP No.18331 of 2016 RV(CO) CA(12/09/2016) https://hcservices.ecourts.gov.in/hcservices/