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Madras High CourtCRL OP/25419/2022closed

K.Rajendaran v. Deputy Commissioner Of Police

2022-10-26Honourable Mr Justice V.Sivagnanam4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.10.2022

CORAM

THE HONOURABLE MR. JUSTICE V.SIVAGNANAM K.Rajendran ... Petitioner Vs.

1.The Deputy Commissioner of Police, Salem City.

2.The Assistant Commissioner of Police, Anti Land Grabbing Special Cell, Salem City.

3.The Inspector of Police, Anti Land grabbing Special Cell, Salem City.

4.K.Revathi ... Respondents PRAYER : This Criminal Original Petition filed under Section 482 of Cr.P.C., to quash the summon dated 26.09.2022 issued under Section 160 & 91 of Cr.P.C, 1973 by the third respondent.

For Petitioner : Mr.J.F.Vijay Prakesh For Respondents : Mr.S.Santhosh for R1, Government Advocate (crl.side) Mr.C.D.Johson for R4 1/4

ORDER

This Criminal Original Petition has been filed to quash the summon dated 26.09.2022 issued under Section 160 & 91 of Cr.P.C, 1973 by the third respondent.

2.The learned counsel for the petitioner submitted that the petitioner had already attended the enquiry conducted by the third respondent. Now, the third respondent police repeatedly issuing summons to the petitioner and harassing him. Hence, the present petition has been filed. 3.The learned Government Advocate (crl.side) appearing for the respondents 1 to 3 submitted that they have issued a summon to the petitioner only for one time and they have not repeatedly harassing the petitioner.

4. I have considered the matter in the light of the submission made by the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent 1 to 3.

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5. On perusal of records, it is seen that the third respondent issued summon to the petitioner under Section 160 & 91 of Cr.P.C., on 26.09.2022 and directed the petitioner to appear on 28.09.2022. On the date of appearance, the petitioner has not appeared for enquiry and the date become infructuous now. Therefore, the third respondent is directed to conduct enquiry without harassing the petitioner by issuing fresh summon to the petitioner. The petitioner is directed to obey the summon and cooperate for enquiry.

6. With the above direction, this Criminal Original petition is closed. 26.10.2022 Internet:Yes/No Index:Yes/No Speaking/Non speaking order shk 3/4

V.SIVAGNANAM ,J.

shk To 1.The Deputy Commissioner of Police, Salem City.

2.The Assistant Commissioner of Police, Anti Land Grabbing Special Cell, Salem City.

3.The Inspector of Police, Anti Land grabbing Special Cell, Salem City.

4. The Public Prosecutor, High Court of Madras.

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