Arun Balaji v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Arun Balaji ... Petitioner Vs.

1.State rep. by The Commissioner of Police, Trichy City, Trichy.

2.State rep. by The Assistant Commissioner of Police, City Crime Branch, Trichy District.

3.State rep. by The Inspector of Police (L & O), City Crime Branch, Trichy District.

4.Thirulogachandar 5.Bharathidhasan, The Assistant Commissioner of Police, City Crime Branch, Trichy District.

... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents No. 2, 3 and 5 and their officials not to harass the petitioner and his family members unnecessarily against law under the guise of enquiry on the basis of the petitioner's representation dated 30.01.2022. For Petitioner : Ms.A.Joel Paul Antony For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1to R3 & R5.

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.

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2.When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) submitted that the fourth respondent has given a complaint against the petitioner and that is presently pending enquiry.

3.In these circumstances, 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. (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 (AD II) // 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 Commissioner of Police, Trichy City, Trichy.

2.The Assistant Commissioner of Police, City Crime Branch, Trichy District.

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3.The Inspector of Police (L & O), City Crime Branch,Trichy District.

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

03.02.2022 MGJ(16.02.2022) 3P 5C 3/3