Madras High CourtCRL OP(MD)/710/2022disposed of

Arulmuthu v. The Superintendent Of Police

2022-01-12Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.710 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.710 of 2022 Arulmathu ... Petitioner Vs 1.The Superintendent of Police, Kanyakumari, Kanyakumari District.

2.The Inspector of Police, Kollankode Police Station, Kanyakumari District.

3.The Inspector of Police, Nithiravilai Police Station, Kanyakumari District.

4.Vinoriammal 5.Mary ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondents 2 & 3 herein not to harass the petitioner's family members in the guise of enquiry without following the due process of law and to return the original documents to the petitioner.

For Petitioner : Mr.P.Pandiyarajan For R1 to R3 : Mr.M.Sakthi Kumar Government Advocate (crl.)

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 is pending.

3. 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.

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

Crl.O.P(MD)No.710 of 2022 (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.

(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 (AE) // 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, Kanyakumari, Kanyakumari District.

2.The Inspector of Police, Kollankode Police Station, Kanyakumari District.

3.The Inspector of Police, Nithiravilai Police Station, Kanyakumari District.

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

Crl.O.P(MD)No.710 of 2022 12.01.2022 MMS(CO) GC(28.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2