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Madras High CourtWP(MD)/7283/2021dismissed

John Selvam v. The Inspector Of Police

2022-02-22Honourable Mr Justice G.K. Ilanthiraiyan2 pages

WP(MD). No.7283 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:22.02.2022

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN WP(MD). No.7283 of 2021 & WMP(MD)No.5542 of 2021 John Selvam ... Petitioner Vs

1. The Inspector of Police, Economic Offence Wing-II, Madurai.

2. K. Kavitha

3. John Paul ... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned summons issued by the 1st respondent in his proceedings in Nil, dated 23.03.2021 and quash the same as illegal.

For Petitioner : Mr.T.A.Ebenezer For Respondents : Mr.R.M.Anbunithi 1 & 2 Additional Public Prosecutor For R3 : Mr.C.Gangai Amaran.

O R D E R

This Writ Petition is filed to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned summons issued by the 1st respondent in his proceedings in Nil, dated 23.03.2021 and quash the same as illegal.

2.On the complaint lodged by the second respondent before the first respondent the impugned summon has been issued to the petitioner to the enquiry, to be conducted on 30.03.2021. On perusal of summon revealed that there are allegations as against the petitioner and as such the first respondent issued summons to the petitioner for enquiry. This is only a summon. Only at the time of enquiry, the petitioner has to submit his explanation before the first respondent.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

WP(MD). No.7283 of 2021 3.Considering the above, this Writ Petition is dismissed. The first respondent is directed to issue fresh summon, on the complaint lodged by the second respondent and conduct enquiry, in accordance with law. Connected miscellaneous petition is closed. Sd/- Assistant Registrar (Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) PNM 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 Inspector of Police, Economic Offence Wing-II, Madurai.

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

WP(MD) No.7283 of 2021 Date : 22/02/2022 MGJ(05.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2