Madras High CourtCRL OP(MD)/922/2022disposed of

Senthil v. The Superintendent Of Police

2022-01-20Honourable Mr Justice G.R.Swaminathan3 pages

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.922 of 2022 1.Senthil 2.Rajasekar ... Petitioners vs.

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

2.The Deputy Superintendent of Police, Pudukkottai District, Pudukkottai.

3.The Inspector of Police, Manamelkudi Police Station, Pudukkottai District.

4.Muthuvel ... Respondents PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to direct the third respondent not to harass the petitioners and not to interfere in the civil dispute which is the subject matter of the suit in O.S.No.64 of 2018 on the file of the District Munsif Court, Aranthangi, Pudukkottai District between the petitioners and the fourth respondent.

For Petitioners : Mr.M.Suresh For R1 to R3 : Mr.M.Sakthi Kumar Government Advocate (Crl.Side)

O R D E R

The petitioners allege harassment at the hands of the respondent police.

2. When the matter was taken up for hearing, the learned Government Advocate (Crl.) submitted that as on date, no complaint has been received against the petitioners. No enquiry is pending against them.

3. Since the petitioners apprehend that a complaint has been given and that is not being disclosed, in order to allay the apprehension of the petitioners, the following directions are passed:- 1/3

"(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 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."

4.This Criminal Original Petition is disposed of. 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 District Munsif, Aranthangi, Pudukkottai District 2.The Superintendent of Police, Pudukkottai District, Pudukkottai.

3.The Deputy Superintendent of Police, Pudukkottai District, Pudukkottai.

4.The Inspector of Police, Manamelkudi Police Station,Pudukkottai District. 2/3

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

20.01.2022 MGJ(04.02.2022) 3P 6C 3/3