Madras High CourtCRL OP(MD)/1828/2024closed

V.Rayar v. The Commissioner Of Police

2024-02-07Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2024

CORAM:

THE HONOURABLE Mr. JUSTICE SATHI KUMAR SUKUMARA KURUP V.Rayar ... Petitioner Vs.

1.The Commissioner of Police, Trichy City Police, Trichy - 620 020.

2.Mr.V.Anbu, The Deputy Commissioner of Police, Trichy City Police, Trichy.

3.The Deputy Commissioner of Police, Deputy Commissioner Office, Gandhi Market Police Station Building, Trichy, Trichy District.

4.Gunaseeliya Mary 5.N.Santhanakrishnan @ Samuel Christian

...Respondents

Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, praying to direct the second Respondent not to harass the Petitioner and his family members as prayed by the Petitioner in his compliant dated 01.02.2024.

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For Petitioner : Mr.P.Subbiah For R-1 to R-3 : Mr.T.Senthil Kumar Additional Public Prosecutor

ORDER

The learned Counsel for the Petitioner submitted that the Petitioner is a senior citizen. He had bee summoned by the third Respondent. Therefore, he was forced to file this petition seeking direction not to harass him.

2. The learned Additional Public Prosecutor on instructions from the Respondent Police would submit that based on the complaint of the fourth Respondent, CSR receipt was issued in C.S.R.No.47 of 2024 dated 06.02.2024 and the same is pending on the file of the Gandhi Market Police Station. Also he would submit that the Respondent Police will follow the circular issued by the Director General of Police, Tamil Nadu/Head of State Police Force, Tamil Nadu.

3. In the light of the reporting ruling of the Hon'ble Supreme Court in the case of Lalitha Kumari Vs. State of Uttar Pradesh reported in 2014 (2) SCC 1 and in the case of Arnesh Kumar Vs State of Bihar reported in 2014 (8) SCC 273, the Respondent Police are directed to issue proper summons by specifying the date and time for appearance of the Petitioner. 2/4

4. In view of the above, this Criminal Original Petition is closed. 07.02.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To 1.The Commissioner of Police, Trichy City Police, Trichy - 620 020.

2.The Deputy Commissioner of Police, Deputy Commissioner Office, Gandhi Market Police Station Building, Trichy, Trichy District.

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

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SATHI KUMAR SUKUMARA KURUP , J.

Nsr 07.02.2024 4/4