S.Asaithambi v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.07.2023

CORAM

THE HONOURABLE Mr.JUSTICE N. ANAND VENKATESH Crl.O.P.No.16181 of 2023 S.Asaithambi .. Petitioner Vs.

1. The Superintendent of Police, Pondicherry South, Pondicherry.

2. The Inspector of Police, Dhavanthiri Nagar Police Station, Gorimedu, Pondicherry.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to issue direction to the respondents not to harass the petitioner under the guise of enquiry on a complaint lodged by one D.Kumar.

For Petitioners : Mr.J.Bharathi Raja For Respondents : Mr.K.S.Mohandoss Public Prosecutor (Pondicherry)

O R D E R

This Criminal Original Petition has been filed for a direction to the respondent not to harass the petitioner under the guise of enquiry.

2.

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

3.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.

4. Recording the submissions of the learned Additional Public

Prosecutor, this Criminal Original Petition is disposed of. 19.07.2023 Index :Yes/No Internet:Yes/No Speaking/Non speaking order rka To

1. The Superintendent of Police, Pondicherry South, Pondicherry.

2. The Inspector of Police, Dhavanthiri Nagar Police Station, Gorimedu, Pondicherry.

3.The Public Prosecutor, High Court, Madras.

N. ANAND VENKATESH,J rka Crl.O.P.No.16181 of 2023 19.07.2023