B.Vel Thangam v. The Superintendent Of Police

Crl.O.P(MD)No.1796 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.1796 of 2022 B.Vel Thangam ... Petitioner Vs.

1.The Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, All Women Police Station, Srivaikundam, Thoothukudi District.

3.Bramma Sakthi ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 2nd respondent not to harass the petitioner and his family members under the guise of enquiry. For Petitioner : Mr.R.PON KARTHIKEYAN, Advocate For Respondents : Mr.M.SAKTHI KUMAR, Government Advocate (Crl. Side) for R1 & R2.

O R D E R

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents 1 and 2. 2.The petitioner alleges harassment at the hands of the respondent police. To forbear them from doing so, this criminal original petition has been filed.

3.The learned Government Advocate (Crl. Side) informs that the enquiry initiated against the petitioner was already closed. However, the closure was on certain terms and conditions. Therefore, the possibility of revival of the enquiry may not be ruled out. Hence, 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 respondent police will conclude the enquiry on merits and in accordance with law within a period of two weeks after the appearance of the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.1796 of 2022 (iii) If the matter is purely civil in nature, the respondent police will close the complaint.

(iv) 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.

4.The criminal original petition is disposed of accordingly. Sd/- Assistant Registrar (Crl) // 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, Thoothukudi District.

2.The Inspector of Police, All Women Police Station, Srivaikundam, Thoothukudi District.

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

Crl.O.P(MD)No.1796 of 2022 Date:01.02.2022 SA (18.02.2022) 2P 4c https://hcservices.ecourts.gov.in/hcservices/ 2/2