Madras High CourtCRL OP(MD)/1643/2022disposed of

M.Maheswaran v. The Superintendent Of Police

2022-01-31Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.1643 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.1643 of 2022 M.Maheswaran ... Petitioner Vs.

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

2.The Inspector of Poice, Usilampatti Police Station, Madurai District.

... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to the direct the respondent police not to harass the petitioner on the guise of enquiry except through due process of law.

For Petitioner : Mr.J.Vishnu For Respondents : Mr.M.Sakthi Kumar, Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to forbear the respondents from harassing the petitioner.

2.When the matter was taken up for hearing, the learned Government Advocate (Crl. side) submitted that summon has been issued to the petitioner asking him to appear for enquiry. It is stated that the petitioner did not respond to the same. 3.The petitioner is directed to appear before the second respondent on 04.02.2022 at 11.00 a.m. The petitioner will not receive any fresh summon from the second respondent. The second respondent shall conclude the enquiry within a period of two weeks from the said date.

4.In these circumstances, the following directions are issued:- (i) If the matter is purely civil in nature, the respondent police will close the complaint.

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Crl.O.P(MD)No.1643 of 2022 (ii) If cognizable offence is made out and if the respondent police proposes to register any FIR, the petitioner will be given due notice. So that the petitioner will have breathing time to move the concerned Court for the relief of anticipatory bail.

5.The criminal original petition is disposed of accordingly. Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) 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, Office of the Superintendent of Police, Madurai District.

2.The Inspector of Poice, Usilampatti Police Station, Madurai District.

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

Crl.O.P(MD)No.1643 of 2022 31.01.2022 SA (02.02.2022) 2P 4c https://hcservices.ecourts.gov.in/hcservices/ 2/2