Madras High CourtCRL OP(MD)/1003/2023disposed of

S.Ayyappan v. The Superintendent Of Police

2023-01-23Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.S.Ayyappan 2.S.Veeranan 3.S.Sonaimuthu 4.A.Muthulakshmi 5.V.Muthayee 6.S.Karuppayee 7.V.Muthiah ... Petitioners Vs.

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

2.The Inspector of Police, Palamedu Police Station, Madurai District.

3.Singarasu ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondents not to harass the petitioners under the guise of enquiry based on the petitioners' representation dated 08.01.2023.

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For Petitioner : Mr.D.Rameshkumar For R1 & R2 : Mr.R.Sivakumar Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the respondents not to harass the petitioners under the guise of enquiry based on the petitioners' representation dated 08.01.2023.

2. When the matter was taken up for hearing, the learned Government Advocate (Crl.side) appearing for the respondents 1 and 2 would submit that on the basis of the complaint given by the third respondent, two FIR have been registered in Crime No.2 of 2023 and Crime No.3 of 2023 for the offences punishable under Sections 454 and 380 of IPC for the theft of gold jewels and that on suspicion, the petitioners were summoned and enquired. The third petitioner had executed the muchalika agreeing to appear as and when required. 2/4

3. The learned counsel for the petitioners would submit that the petitioners are ready to appear and co-operate for the enquiry.

4. Recording the submissions made on either side, the respondent police is directed to issue summon to the petitioners for enquiry and the petitioners are directed to appear as and when required by the second respondent for investigation with respect to the above two cases. On such appearance, the second respondent is directed to proceed with the enquiry in accordance with law.

5. The Criminal Original Petition is disposed of. 23.01.2023 NCC :

Yes / No Index :

Yes / No Rmk 3/4

K.MURALI SHANKAR,J., Rmk To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Palamedu Police Station, Madurai District.

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

Order made in Dated: 23.01.2023 4/4