Madras High CourtCRL OP(MD)/5568/2020disposed of

R.Rajasekar v. The Superintendent Of Police

2020-06-01Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.5568 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.06.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.5568 of 2020 1.R.Rajasekar 2.R.Latha ... Petitioners Vs 1.The Superintendent of Police, Ramanthapuram District.

2.The Deputy Superintendent of Police, District Crime Branch, Ramanathapuram District.

3.The Inspector of Police, District Crime Police Station, Ramanathapuram District.

4.R.Balachander ... Respondents PRAYER: Petition filed under Section 482 of Code of Criminal Procedure, to direct the respondents 2 and 3 not to harass the petitioner under the guise of enquiry.

For Petitioners : Mr.J.M.Hassanul Bazari For R1 to R3 : Mr.A.Robinson Government Advocate (Crl.side)

ORDER

Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.side) appearing for R1 to R3. 2.Considering the nature of relief granted to the petitioners, notice to the fourth respondent is dispensed with. 3.The petitioner's counsel states that they entered into a sale agreement with the fourth respondent and that, there is some dispute regarding the same. He would also state that the issue is purely civil in nature and that, therefore, interference by the police is not warranted.

4.The learned Government Advocate (Crl.side) states that the case is still pending at the enquiry stage.

5.In these circumstances, I am of the view that interest of justice will be served by issuing the following directions:- (I) The second/third respondent will issue summons in writing, if he wants to enquire the petitioners. There cannot be any oral summon for attending enquiry.

(II) If the second/third respondent registers any FIR, the petitioners will be given due notice, so that, the petitioners will https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.5568 of 2020 have breathing time to move the concerned Court for the relief of anticipatory bail.

6.With this direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) Rmi To 1.The Superintendent of Police, Ramanthapuram District.

2.The Deputy Superintendent of Police, District Crime Branch, Ramanathapuram District.

3.The Inspector of Police, District Crime Police Station, Ramanathapuram District.

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

+1 CC to M/s.J.M.HASSUNA BAZARI, Advocate ( SR-13034[F] dated 03/06/2020 ) Crl.O.P(MD)No.5568 of 2020 01.06.2020 KB(09/06/2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2