Madras High CourtCRL OP(MD)/3452/2022disposed of

A.Sathiya v. The Superintendent Of Police

2022-02-18Honourable Mrs Justice S.Ananthi (Retd.)2 pages

Crl.O.P.(MD)No.3452 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.02.2022

CORAM:

THE HON'BLE MRS.JUSTICE S.ANANTHI Crl.O.P.(MD)No.3452 of 2022 A.Sathiya ... Petitioner Vs.

1. The Superintendent of Police, Madurai District.

2. The Inspector of Police, Melur Police Station, Madurai District.

3. Kalai Selvi ... Respondents Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 2nd respondent police not to harass the petitioner on the guise of enquiry on the basis of the complaint lodged by the 3rd respondent.

For Petitioner : Mr.P.Vimala Devi For Respondents : Mr.R.M.Anbunithi No.1 and 2 Additional Public Prosecutor

ORDER

The petitioner allege harassment at the hands of the respondent police. To forbear them from doing so, this criminal original petition has been filed.

2.When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that the third 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 . https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.3452 of 2022 (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 (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) pnm/aav 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 Superintendent of Police, Madurai District.

2. The Inspector of Police, Melur Police Station, Madurai District.

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

Crl.O.P.(MD)No.3452 of 2022 18.02.2022 RD(04.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2