Madras High CourtCRL OP(MD)/8403/2019dismissed

Ramachandran v. The Deputy Superintendent Of

2019-11-19Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Crl.O.P.(MD)No.8403 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2019

CORAM:

THE HON'BLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.(MD)No.8403 of 2019 and Crl.MP(MD)No.5249 of 2019 I.Ramachandran ... Petitioner Vs.

1.State: Deputy Superintendent of Police, District Crime Branch, Nagercoil, Kanyakumari District.

(DCB No.DSP/DCB/347/19) 2.The Sub-Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

3.Arul Jeevan

...Respondents

[3rd respondent is impleaded vide order dated 19.11.2019 in Crl.M.P.(MD)No.6046 of 2019] Prayer: This Criminal Original Petition filed under Section 482 Cr.P.C. to quash the summons issued against this petitioner in DCB No.DSP/DCB/347/2019, on the file of the District Crime Branch, Nagercoil, Kanyakumari District.

For Petitioner : No Appearance For Respondents : Mr.R.Anandharaj Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed challenging the summons issued by the second respondent in C.No.P2/SP/2744/19, dated 21.05.2019.

2.It is seen from the summons, the petitioner was called for enquiry to be conducted on 21.05.2019. This matter was listed before this Court on 18.06.2019 and on that day, the learned counsel appearing for the petitioner sought time and at the request of the counsel, this Court adjourned the matter. 3.When the matter was taken up for hearing today, there is no representation on behalf of the petitioner. That apart, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.8403 of 2019 order under challenge in this petition is only a summon. On the complaint lodged by the de-facto complainant, the second respondent conducted enquiry for which, the petitioner was called for enquiry.

4.Therefore, the petition is devoid of merits and liable to be dismissed. However, the second respondent is directed to issue fresh summons to the petitioner and continue with the enquiry. 5.Accordingly, the Criminal Original Petition is dismissed. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) sji To:

1.The Deputy Superintendent of Police, District Crime Branch, Nagercoil, Kanyakumari District.

2.The Sub-Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

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

+1 CC to M/s.C.KISHORE, Advocate ( SR-99453[F] dated 19/11/2019 ) Crl.O.P.(MD)No.8403 of 2019 19.11.2019 KM/(12.12.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2