Vadivel v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.02.2024

CORAM

THE HON'BLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP CRL.O.P (MD) No.1940 of 2024 Vadivel

...Petitioner

Vs.

1.The Superintendent of Police Sivagangai, Sivagangai District.

2.The Inspector of Police Taluk Police Station, Sivagangai District.

3.Selvakumari ... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying, to direct the second Respondent herein not to harass the Petitioner and his family members in the guise of enquiry. For Petitioner : Mr.K.Kamesh For R1 and R2 : Mr.M.Veeeranthiran Government Advocate (Crl.side) 1/4

O R D E R

The learned Counsel for the Petitioner submits that this Criminal Original Petition has been filed to direct the second Respondent not to harass the Petitioner and his family members in the guise of enquiry.

2. The learned Counsel for the Petitioner submits that the Petitioner has seven siblings that the Petitioner is the second son among them to his parents. The third Respondent in this case is the widow of the elder brother of the Petitioner. She is alleged to have given a complaint that the Petitioner is stealing certain documents and denying the properties to the third Respondent's share. Based on the complaint of the third Respondent, the second Respondent is summoning the Petitioner frequently, therefore, he seeks direction against the Respondents not to harass him.

3. The learned Government Advocate (Criminal Side), on instructions of the Respondents, submits that based on the complaint of the third Respondent, after conducting enquiry, C.S.R. No.99 of 2024 was registered and now, it will be closed within 15 days as per the Circular 2/4

Additional Director General of Police, Law & Order, Tamil Nadu, in C.No. 18/ ADGP/ L&O/Camp/2024, dated 09.01.2024.

4. Recording the submissions of the learned Government Advocate (Criminal Side), this Criminal Original Petition is disposed of. The Respondent Police are directed not to summon the Petitioner at odd hours. If at all any summons are issued as per the reported Ruling of the Hon'ble Supreme Court in the case of Lalitha Kumari Vs. State of Uttar Pradesh reported in (2014) 2 SSC 1 and Arnesh Kumar Vs. State of Bihar and another reported in 2014 (8) SCC 273. The Respondents 1 and 2 shall issue summons specifying the date and time for the appearance of the Petitioner.

Internet:Yes./No 08.02.2024 Index:Yes/No NCC : Yes/No LS 3/4

SATHI KUMAR SUKUMARA KURUP , J.

LS To 1.The Superintendent of Police Sivagangai, Sivagangai District.

2.The Inspector of Police Taluk Police Station, Sivagangai District.

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

CRL.O.P (MD) No.1940 of 2024 08.02.2024 4/4