Madras High CourtCRL OP/25833/2023disposed of

S.Sakthivel v. The State, Rep. By

2023-11-10Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10-11-2023

CORAM

THE HONOURABLE DR. JUSTICE G.JAYACHANDRAN Crl. OP No.25833 of 2023 S.Sakthivel ... Petitioner Vs.

1.The State Represented by The Sub Inspector of Police, Puliyampatti Police Station, Puliyampatti, Erode District.

2.Suguna 3.The Sub Inspector of Police, Tharamangalam Police Station, Salem District.

... Respondents Prayer: Criminal Original Petition has been filed under Section 482 of the Code of Criminal Procedure, to quash the summon dated 10.10.2023 signed

on 18.10.2023 issued by the first respondent. For Petitioner : Mr.S.Kanmani Annamalai For Respondents-1 and 3: Mr.S.Udaya Kumar, Government Advocate (Criminal Side).

O R D E R

The petitioner herein seeks to quash the complaint given by one Suguna to the first respondent-police, which was taken up for enquiry in CSR No.228 of 2023.

2. Citing the summon issued under Sections 161 and 91 (i) of Code of Criminal Procedure, the learned counsel appearing on behalf of the petitioner submitted that in CSR stage, summon under Sections 160 (1) and 91 (1) of the Code of Criminal Procedure together cannot be issued.

3. The learned Government Advocate (Criminal Side), appearing on behalf of respondents 1 and 3, submitted that being satisfied

that it is the offence against woman, complaint of Suguna has been transferred to All Women Police Station, Sathyamangalam. The first respondent herein is not investigating the case.

4. In view of the above fact, it is suffice to direct the petitioner herein to appear before All Women Police Station, Sathyamangalam, if any summon is issued to him for participating in the enquiry.

5. With the above directions, the present Criminal Original Petition stands disposed of.

10-11-2023 Index : Yes/No Internet: Yes/No Speaking order/Non-Speaking order Svn

DR.G.JAYACHANDRAN, J.

Svn To 1.The Sub Inspector of Police, Puliyampatti Police Station, Puliyampatti, Erode District.

2.The Sub Inspector of Police, Tharamangalam Police Station, Salem District.

3.The Public Prosecutor, High Court of Madras, Chennai.

Crl. OP 25833 of 2023 10-11-2023