Sheik Mydeen v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Sheik Mydeen : Petitioner Vs.

1.State rep.by The Commissioner of Police, O/o.The Commissioner of Police, Trichy.

2.The Inspector of Police, All Women Police Station, Cantonment, Trichy.

3.Sapnam ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the second respondent not to harass the petitioner, his age old mother and his other family members. For Petitioner : Mr.S.Krishnan, For R1 and R2 : Mr.SS.Madhavan, Government Advocate (Criminal Side) 1/5

ORDER

This Criminal Original Petition filed, under Section 482 Cr.P.C., seeking orders, to direct the second respondent not to harass the petitioner, his age old mother and his other family members.

2. The learned counsel for the petitioner would submit that the petitioner got married the third respondent, due to some misunderstanding, the third respondent went out from the matrimonial home and made allegations against the petitioner and his family members.

3.When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the State would submit that on the basis of the complaint given by the third respondent, enquiry was conducted and at that time, the petitioner has agreed to return the jewels of the third respondent and on that basis, the complaint was ordered to be closed. He would further submit that the third respondent has given another complaint and on that basis, the petitioner 2/5

was directed to appear before the respondent Police, but he was not turned up.

4. At this juncture, the learned counsel appearing for the petitioner would submit that the petitioner is ready to appear before the second respondent on receipt of summons.

5. Taking into account the overall facts and circumstances, the following directions are issued:- "(a) The second respondent shall issue written summons to the petitioner for causing his appearance before him for enquiry.

(b) The second respondent shall conclude the enquiry within a period of three weeks from the date of receipt of a copy of this order.

(c) If at the end of the enquiry, cognizable offence is made out and the second respondent proposes to register any FIR, the petitioner will be given notice of the same so that the petitioner will have breathing time to move the concerned Court for the relief of anticipatory bail." 3/5

6. With these directions, this Criminal Original Petition stands disposed of.

02.02.2023 NCC : Yes/No Index : Yes / No Internet :Yes / No das To 1.The Commissioner of Police, O/o.The Commissioner of Police, Trichy.

2.The Inspector of Police, All Women Police Station, Cantonment, Trichy.

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

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K.MURALI SHANKAR,J.

das Order made in Dated: 02.02.2023 5/5