Madras High CourtCRL OP(MD)/225/2022disposed of

V.Ganesan v. The Superintendent Of Police

2022-01-06Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.225 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.225 of 2022 V.Ganesan ... Petitioner/Aggrieved Person Vs 1.The Superintendent of Police, Tenkasi District.

2.The Inspector of Police, Kuruvikulam Police Station, Tenkasi District.

3.Ramalakshmi ... Respondents/Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the second respondent not to harass him on the basis of the complaint given by the third respondent.

For Petitioner : Mr.R.Anand For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate

ORDER

The petitioner alleges harassment at the hands of the respondent police. To forbear them from doing so, this Criminal Original Petition has been filed.

2. When the matter was taken up for hearing, the learned Government Advocate(crl.) submitted that enquiry held against the petitioner at the instance of the third respondent was closed as early as on 23.08.2019. The petitioner had promised to clear his liability. But he did not honour the commitment.

3. On can conclude therefrom that the issue is yet to be resolved. In these circumstances, this Criminal Original Petition is disposed of with the following directions:- "(a) The respondent police will issue written summons to the petitioner for causing his appearance before him for enquiry. There is no question of orally summoning the petitioner to the police station. (b) The respondent police will conclude the enquiry within a period of two weeks from the date of receipt of a copy of this order.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.225 of 2022 (c) If at the end of the enquiry, cognizable offence is made out and the respondent police proposes to register any FIR, the petitioner will be given notice of the same so that the petitioner will have breathing time to move the concerned Court for the relief of anticipatory bail.

(d) If the case is purely civil in nature, the complaint has to be closed."

Sd/- Assistant Registrar(T & P) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi Note:

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Superintendent of Police, Tenkasi District.

2.The Inspector of Police, Kuruvikulam Police Station, Tenkasi District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.225 of 2022 06.01.2022 NSN(CO) TR(31.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2