M.Sarath v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN M.Sarath ... Petitioner Vs.

The State rep by its 1.The Superintendent of Police, Trichy, Trichy District.

2.The Deputy Superintendent of Police, Thiruverumbur Division, Trichy.

3.The Inspector of Police, All Women Police Station, Thiruverumbur, Trichy District.

4.The Inspector of Police, Navalpattu Police Station, Trichy District.

5.Vincy Verginiya ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 2nd respondent herein not to harass the petitioner and his family except under process of law. For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1 to R4.

O R D E R

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. Side) submitted that the fifth respondent had given a complaint against the petitioner's family. However, the petitioner had not been named. Even the said complaint was 1/3

closed on 25.12.2021, there does not appear to be any possibility of revival of the complaint. In any event, the following directions are issued:- (i) The petitioner will be summoned only by way of written summon. There is no question of orally summoning the petitioner.

(ii) The second respondent will conclude the enquiry on merits and in accordance with law within a period of two weeks after the appearance of the petitioner. (iii) If the matter is purely civil in nature, the second respondent will close the complaint.

(iv) If cognizable offence is made out and if the second respondent proposes to register any FIR, the petitioner will be given due notice. So that the petitioner will have breathing to move the concerned Court for the relief of anticipatory bail.

3.The criminal original petition is disposed of accordingly. Sd/- Assistant Registrar (W) // True Copy // / /2022 Sub Assistant Registrar(CS) ias 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, Trichy, Trichy District.

2.The Deputy Superintendent of Police, Thiruverumbur Division, Trichy.

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3.The Inspector of Police, All Women Police Station, Thiruverumbur, Trichy District.

4.The Inspector of Police, Navalpattu Police Station, Trichy District.

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

21.01.2022 NSN(CO) GC(03.02.2022) 3P 6C 3/3