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Madras High CourtCRL OP/28634/2025disposed of

M.Lingesan v. The Commissioner Of Police,

2025-10-17Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR M.Lingesan ... Petitioner Vs.

1. The Commissioner of Police Tambaram Corporation Chengalpattu District

2. The Assistant Commissioner of Police Tambaram Corporation Chengalpattu District

3. S.Nelson The Assistant Commissioner of Police Tambaram Corporation Chengalpattu District ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of B.N.S.S. to call for the records relating to the impugned summon dated 07.10.2025 issued by the 2nd respondent and received by the petitioner on 09.10.2025 and quash the same.

For Petitioner : Mr.R.Sunil Kumar For R1 and R2 : Mr.R.Vinoth Kumar Government Advocate (Crl. Side) 1/4

O R D E R

This Criminal Original Petition has been filed to quash the impugned summon dated 07.10.2025, issued by the 2nd respondent and received by the petitioner on 09.10.2025.

2. The contention of the petitioner is that already, this Court by order dated 08.10.2025 in W.P.(Crl.) No.568 of 2025, had granted liberty to the parties to adjudicate their respective rights before the Civil Court and despite the same, the 2nd respondent-Police has issued the summon to the petitioner on 09.10.2025, which is after the disposal of the said Writ Petition.

3. The learned Government Advocate (Crl. Side) on instructions submitted that the summon was issued only in respect of the FIR already filed in this case and not beyond that.

4. In such view of the matter, let the summon be with regard to the FIR already registered and the petitioner shall appear on summons and give his statements with regard to the alleged FIR alone.

5. With the above directions, this Criminal Original Petition is disposed of.

17.10.2025 ksa-2 Index:Yes/No Speaking/Non-speaking order 2/4

To

1. The Commissioner of Police Tambaram Corporation Chengalpattu District

2. The Assistant Commissioner of Police Tambaram Corporation Chengalpattu District

3. The Public Prosecutor High Court of Madras 3/4

N. SATHISH KUMAR , J.

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