Madras High CourtCRL OP(MD)/1890/2024closed

P.Balamurugan v. The Commissioner Of Police

2024-02-20Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2024

CORAM:

THE HONOURABLE Mr. JUSTICE SATHI KUMAR SUKUMARA KURUP and Crl.M.P.(MD).No.1399 of 2024 P.Balamurugan ... Petitioner Vs.

1.The Commissioner of Police, Madurai City.

2.The Sub-Inspector of Police, Central Crime Branch, Madurai City.

3.P.Natarajan

...Respondents

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to call for the records pertaining to the summons issued by the second Respondent to the Petitioner dated 31.01.2024 and quash the same.

For Petitioners : Mr.S.Ramasamy For Respondent : Mr.B.Thanga Aravindh Government Advocate (Criminal Side) 1/4

ORDER

The learned Counsel for the Petitioner submitted that the Petitioner had filed this petition seeking to quash the summons issued by the second Respondent to the Petitioner dated 31.01.2024.

2. The learned Government Advocate (Criminal Side) on instructions of the Respondents 1 and 2 would submit that the case in Crime No.69 of 2024 pending on the file of the Tallakulam Police Station, Madurai was withdrawn and transferred to the Central Crime Branch, Madurai. Therefore, to hold enquiry, summons was issued. Instead of appearing before the Respondent Police, the Petitioner herein approached this Court seeking direction to quash the summons and the same cannot be considered, as he is arrayed as accused in Crime No.69 of 2024. Therefore, the learned Government Advocate (Criminal Side) prays this Court to dismiss the petition.

3. The learned Counsel for the Petitioner by way of reply submitted that he does not have a case, if there is mention of crime number, he is ready to appear.

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4. Considering the submission of the learned Counsel for the Petitioner and the learned Government Advocate (Criminal Side), the Respondents are directed to issue fresh summons based on the aforementioned crime number before the Central Crime Branch, Madurai.

5. Recording the same, this Criminal Original Petition is closed. Consequently, connected miscellaneous petition is dismissed. 20.02.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To 1.The Commissioner of Police, Madurai City.

2.The Sub-Inspector of Police, Central Crime Branch, Madurai City.

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

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SATHI KUMAR SUKUMARA KURUP , J.

Nsr 20.02.2024 4/4