R.Sivashanmugam v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.06.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.16233 of 2019

1. R.Shivashanmugam

2. Tmt.Rukmani

3. Tmt.Jayanthi ... Petitioners -Vs1. State, Rep. by The Inspector of Police, Perumanallur Police Station, Thirupur District.

2. K.Natarajan ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, to direct the 1st respondent not to harass the petitioners pursuant to the summon dated 18.06.2019 on the file of the 1st respondent by way of conducting any enquiry with the petitioners and pass such further or other orders. For Petitioner : Mr.Soundara Rajan K For respondent : Mr.M.Mohamed Riyaz Additional Public prosecutor

ORDER

The grievance of the petitioners is that there is a property dispute between the parties and the respondent police is issuing summons under Section 91 & 160 of Cr.PC for appearance of the petitioners even without registering an FIR and therefore, the summon itself is not sustainable.

2.

The learned Additional Public Prosecutor submitted that the respondent police will take a decision with regard to registration of FIR within a short time, if the complaint makes out a cognizable offence and thereafter, will proceed in accordance with law. 3.

Recording the submissions of the learned Additional Public Prosecutor, this Criminal Original Petition is disposed of. 26.06.2019 rka/msrm Index : Yes/No Internet : Yes/No

N.ANAND VENKATESH.,J rka To

1. State, Rep. by The Inspector of Police, Perumanallur Police Station, Thirupur District.

2. The Public Prosecutor, High Court, Madras.

Crl.O.P.No.16233 of 2019 26.06.2019