M.Athaur Rhaman v. State Rep By

Crl.O.P.No.24584 of 2023 Crl.O.P.No.24584 of 2023 C.V.KARTHIKEYAN, J.

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 406 & 420 IPC in Crime No. Not known of 2023, seek anticipatory bail. 2.Today, when the matter is taken up for hearing, the learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that petition enquiry is pending in C.S.R.No.479 of 2023. 3.Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) for the respondent.

4. Considering the facts and circumstances, the respondent police has to issue notice under Section 41(A) of Cr.P.C to the petitioners and the petitioners are directed to appear before the respondent police and the Investigating Officer has to conduct the enquiry by strictly following the procedures therein and if any prima facie case is made out against the petitioners, register the F.I.R or close the petition enquiry within a period of two weeks from today. The parties are directed to cooperate with the enquiry. It is needless to say that the respondent police shall not take any coercive steps to secure the accused till the completion of enquiry on the complaint lodged by the defacto complainant.

https://www.mhc.tn.gov.in/judis

Crl.O.P.No.24584 of 2023 C.V.KARTHIKEYAN, J.

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5. With the above directions, this criminal original petition is dismissed with a liberty to file a fresh petition, if such process is not completed within the stipulated time.

31.10.2023 sli Crl.O.P.No.24584 of 2023 https://www.mhc.tn.gov.in/judis