Madras High CourtCRL OP(MD)/8121/2022disposed of

Johnson Ponraj v. The Inspector Of Police

2022-04-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P(MD)No.8121 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P(MD)No.8121 of 2022 and Crl.M.P(MD)Nos.5178 and 5473 of 2022 Johnson Ponraj ... Petitioner Vs.

1.The Superintendent of Police, Tenkasi District, Tenkasi.

2.The Sub Inspector of Police, Anti Land Grabbing Cell, Superintendent of Police Office Campus, Tirunelveli.

3.The Sub Inspector of Police, Alwarkurutchi Police Station, Tenkasi District.

4.Muthu Krishnan 5.Murphi Thomas

...Respondents

Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to call for the records of the summons issued by the third respondent in his proceedings Nil, dated 05.04.2022 and quash the same.

For Petitioner : Mr.T.A.Ebenezer For R1 - R3 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.side)

ORDER

This Criminal Original Petition has been filed to quash the summons issued by the third respondent dated 05.04.2022. 2.The learned counsel for the petitioner submitted that already the petitioner has lodged a complaint as against the 4th respondent before the Human Rights Commission and also before the first respondent on 30.03.2022 and the same was pending. While being so, in the complaint lodged by the 5th respondent, the very same 4th respondent, issued summon on 05.04.2022 to the petitioner to appear https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.8121 of 2022 before him for enquiry under Sections 160 & 91 of Cr.P.C. on 07.04.2022. However the date on which, the enquiry was to be held now expired. Further on the complaint lodged by the 5th respondent, the petitioner may be enquired before the Inspector of Police, Alwarkurutchi Police Station, Tenkasi District. Accordingly the Inspector of Police, Alwarkurutchi Police Station, Tenkasi District is directed to issue fresh notice to the petitioner on the complaint lodged by the 5th respondent and proceed with enquiry. 3.With the above direction, this Criminal Original Petition is disposed of. Consequently connected miscellaneous petitions are closed.

Sd/- Assistant Registrar () // True Copy // / /2022 Sub Assistant Registrar(CS) vsd To 1.The Superintendent of Police, Tenkasi District, Tenkasi.

2.The Sub Inspector of Police, Anti Land Grabbing Cell, Superintendent of Police Office Campus, Tirunelveli.

3.The Sub Inspector of Police, Alwarkurutchi Police Station, Tenkasi District.

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

The Inspector of Police, Alwarkurutchi Police Station, Tenkasi District.

+1 CC to M/s.T.A.EBENEZER, Advocate ( SR-22793[F] dated 29/04/2022 ) Crl.O.P(MD)No.8121 of 2022 and Crl.M.P(MD)Nos.5178 and 5473 of 2022 28.04.2022 CK(CO)GC(30.05.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2