Ganesan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2023

CORAM:

THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR Ganesan, : Petitioner Vs

1. The Superintendent of Police, Dindigul District, Dindigul.

2. The Inspector of Police, Land Grabbing Special Cell, Dindigul District.

3. Saravanakumar, : Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to direct the second respondent not to harass the petitioner herein under the guise of enquiry on the basis of the enquiry notice dated 05.12.2022.

For Petitioner : Mr.C.Mayilvahana Rajendran For R1 & R2 : Mr.R.Sivakumar Government Advocate (Crl.Side) 1/5

ORDER

This criminal original petition has been filed seeking a direction to the second respondent not to harass the petitioner herein under the guise of enquiry on the basis of the enquiry notice dated 05.12.2022.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2.

3. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that on the basis of the complaint given by the petitioner, summons were issued to the petitioner as well as the third respondent.

4. At this juncture, the learned counsel appearing for the petitioner would submit that in pursuance of the summons, the petitioner has already appeared before the respondent police but the third respondent has not turned up for the same.

2/5

5. Taking into account the overall facts and circumstances, the following directions are issued:- "(a) The second respondent shall issue fresh written summons to the petitioner as well as the third respondent for causing their appearance before him for enquiry. (b) The second respondent shall conclude the enquiry within a period of three weeks from the date of receipt of a copy of this order.

(c) If at the end of the enquiry, cognizable offence is made out and the second respondent 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."

6. With these directions, this Criminal Original Petition stands disposed of.

10.01.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No lr 3/5

To

1. The Superintendent of Police, Dindigul District, Dindigul.

2. The Inspector of Police, Land Grabbing Special Cell, Dindigul District.

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

4/5

K.MURALI SHANKAR , J.

lr 10.01.2023 5/5