P.Sathish Kumar v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.08.2019

CORAM

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Crl.O.P.No.23421 of 2019 in Crl.MP No.12305 of 2019 P.Sathish Kumar ... Petitioner -Vs1. State Rep. by The Inspector of Police, R2- Kodambakkam Police Station, Kodambakkam, Chennai 600 024.

2. L.Pankaj Kumar Paul ... Respondents Prayer: Criminal Original Petition is filed under Section 482 of Code of Criminal Procedure, to call for the records relating to impugned summons dated 19.08.2019 issued under Section 160(1) of Cr.PC by the 1st respondent and quash the same.

For Petitioner : Mr.K.Premkumar For respondents : Mr.M.Mohamed Riyaz Additional Public prosecutor for R1

ORDER

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(1) of Cr.PC for appearance of the petitioner 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. Consequently, the connected miscellaneous petition is also closed. 29.08.2019 rka Index : Yes/No Internet : Yes/No To

1. State Rep. by The Inspector of Police, R2- Kodambakkam Police Station, Kodambakkam, Chennai 600 024.

2. The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH.,J rka Crl.O.P.No.23421 of 2019 29.08.2019