M.P.Velraja v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.01.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN M.P.Velraja ... Petitioner Vs.

1. The Superintendent of Police, O/o.The Superintendent of Police, Surveyor Colony, Madurai - 625 007.

2. Nagarajan, Deputy Superintendent of Police, Madurai District Crime Branch, O/o.The Superintendent of Police, Surveyor Colony, Madurai - 625 007.

3. The Inspector of Police, Othakadai police station, Othakadai, Madurai District.

4. K.Dharmaraj ... Respondents Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to direct respondents 2 and 3 not to interfere in the pure civil dispute and also direct the respondents not to harass the petitioner and his family members in the name of enquiry. For Petitioner : Mr.B.Sukumar For R-1 & R-3 : Mr.M.Sakthi Kumar, Government Advocate.

O R D E R

Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for respondents 1 and 3.

2. The petitioner alleges that the respondent police are harassing him. To forbear them from doing so, this criminal original petition has been filed.

3. When the matter was taken up for hearing, the learned Government Advocate submitted that the fourth respondent has given a 1/3

complaint against the petitioner and that the enquiry is pending.

4. In these circumstances, to protect the rights of the petitioner, 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 third respondent will conclude the enquiry on merits and in accordance with law within a period of two weeks after the appearance of the petitioner. (iii) If the matter is purely civil in nature, the third respondent will close the complaint.

(iv) If cognizable offence is made out and if the third respondent 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.

5. The criminal original petition is disposed of accordingly. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) PMU 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, O/o.The Superintendent of Police, Surveyor Colony, Madurai - 625 007.

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2. The Inspector of Police, Othakadai police station, Othakadai, Madurai District.

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

+4 CC to M/s.B.SUKUMAR, Advocate (SR-56,275,868[F] dated 04/01/2022 ) 03.01.2022 RK(12/01/2021) 3P 8C 3/3