Madras High CourtCRL OP(MD)/863/2022disposed of

S.Gandhi Perumal v. The Commissioner Of Police

2022-01-20Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.863 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.01.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.863 of 2022 1.S.Gandhi Perumal 2.Iyappan ... Petitioners vs.

1.The Commissioner of Police, O/o. The Commissioner of Police, Tirunelveli City.

2.The Inspector of Police, O/o.The Inspector of Police, City Crime Branch Police Station, Tirunelveli City.

3.Sangeetha ... Respondents PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to direct the second respondent not to harass the petitioners in the guise of enquiry.

For Petitioners : Mr.R.Rajesh For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl.Side)

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.) 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 petitioners for causing their appearance before him for enquiry. There is no question of orally summoning the petitioners 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.

(c) If at the end of the enquiry, cognizable offence is made out and the respondent police proposes to https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.863 of 2022 register any FIR, the petitioners will be given notice of the same so that the petitioners 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 (AD I) // 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 Commissioner of Police, O/o. The Commissioner of Police, Tirunelveli City.

2.The Inspector of Police, O/o.The Inspector of Police, City Crime Branch Police Station, Tirunelveli City.

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

Crl.O.P.(MD)No.863 of 2022 20.01.2022 MGJ(04.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2