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Madras High CourtCRL OP(MD)/1500/2024disposed of

T.Marimuthu v. The Superintendent Of Police

2024-02-01Honourable Mr Justice Sathi Kumar Sukumara Kurup5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.02.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.1500 of 2024 T.Marimuthu

...Petitioner

vs 1.The Superintendent of Police, Office of the Superintendent of Police, Theni District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Andipatty Taluk, Theni District.

3.The Inspector of Police, Andipatty Police Station, Andipatty Taluk, Theni District.

4.V.Ravindran

...Respondents

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the first respondent to give suitable direction to the third respondent not to harass the petitioner at the instigation of the fourth respondent by considering the petitioner representation dated 22.01.2024 1/5

within the period as stipulated by this Court. For Petitioner : Mr.S.Atham Ali For R1 to R3 : Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

The learned Counsel for the Petitioner submits that the Petitioner had filed this Criminal Original Petition seeking direction against the third Respondent not to harass the Petitioner under the guise of enquiry. 2.The learned Additional Public Prosecutor, on instructions, would submit that yesterday only, the third Respondent had received the complaint from the fourth Respondent. Further, he would submit that the Respondents 1 to 3 are bound by the circular of the Director General of Police, Head of Police Force, Tamil Nadu State, Chennai -4 issued in Rc.No. 892914/X1/2020 dated 12.03.2021 and the circular of the Additional Director General of Police, Chennai, issued in C.No.18/ADGP/L & O/Camp/2024 dated 09.01.2024.

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3.Recording the submission of the learned Additional Public Prosecutor, the Respondents 1 to 3 are directed to summon the Petitioner specifying the time and date for enquiry. They shall not summon the Petitioner at odd hours. The Respondents 1 to 3 are also directed to follow the guidelines of the said circulars as well as the guidelines of the Hon'ble Supreme Court issued in the case of Lalitha Kumari Vs. State of Uttar Pradesh reported in (2014) 2 SSC 1 and the case of Arnesh Kumar Vs. State of Bihar and another reported in 2014 (8) SCC 273. The Petitioner is directed to co-operate with the enquiry, if summons are issued in writing specifying the time and date.

With the above directions, this Criminal Original Petition is disposed of.

Internet:Yes./No 01.02.2024 Index:Yes/No mm To 1.The Superintendent of Police, Office of the Superintendent of Police, Theni District. 3/5

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Andipatty Taluk, Theni District.

3.The Inspector of Police, Andipatty Police Station, Andipatty Taluk, Theni District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

mm CRL.O.P (MD) No.1500 of 2024 01.02.2024 5/5