Madras High CourtCRL OP(MD)/370/2022disposed of

U. Palanisamy v. The Superintendent Of Police

2022-01-11Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.01.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN 1.U.Palanisamy 2.P.Sivakumar ... Petitioners/Aggrieved Persons Vs.

1.The Superintendent of Police, Dindigul District.

2.The Deputy Superintendent of Police, Vedachandur Sub Division, Dindigul District.

3.The Inspector of Police, Eriyodu Police Station, Dindigul District.

4.Theivanaiammal ... Respondents/Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 2nd and 3rd respondents not to harass the petitioners by interfering into a civil subject matter pending before the learned District Munsif, Vedachandur, Dindigul District in I.A.No.269 of 2021 and I.A.No.270 of 2021 in O.S.No.112 of 2016. For Petitioners : Mr.R.Anand For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1 to R3.

O R D E R

The petitioners allege 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. Side) submitted that the fourth respondent has given a complaint against the petitioners and that is presently pending enquiry.

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3.In these circumstances, the following directions are issued:- (i) The petitioners will be summoned only by way of written summon. There is no question of orally summoning the petitioners.

(ii) The respondent police will conclude the enquiry on merits and in accordance with law within a period of two weeks after the appearance of the petitioners. (iii) If the matter is purely civil in nature, the respondent police will close the complaint.

(iv) If cognizable offence is made out and if the respondent police proposes to register any FIR, the petitioners will be given due notice so that the petitioners will have breathing time to move the concerned Court for the relief of anticipatory bail. 4.The criminal original petition is disposed of accordingly. Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) ias 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, Dindigul District.

2.The Deputy Superintendent of Police, Vedachandur Sub Division, Dindigul District.

3.The Inspector of Police, Eriyodu Police Station, Dindigul District.

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

11.01.2022 RK(27/01/2022) 3P 5C 3/3