Madras High CourtCRL OP(MD)/8615/2021disposed of

Kadhar Maideen @ Ashok v. The Deputy Superintendent Of Police

2021-11-17Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl OP(MD)Nos.8615 & 14968 of 2021 and Crl MP(MD)Nos.4417 & 7998 of 2021 Crl OP(MD)No.8615 of 2021 : - 1.Kadhar Maideen @ Ashok 2.Syed Ibrahim ... Petitioners/Accused 1 & 2 vs.

1.The Deputy Superintendent of Police Uthamapalayam Zone, Theni District.

2.Bhagavathi Raj 3.Chitra ... Respondents/Respondents PRAYER : Criminal Original Petition is filed to call for the records of the impugned summon issued by the first respondent dated 21.06.2021 and quash the same.

For Petitioners : Mr.G.Prabhu Rajadurai For Respondents : Mr.T.Senthilkumar, Additional Public Prosecutor for R1 Mr.Madhava Govindam for R2 & R3 Crl OP(MD)No.14968 of 2021 : - 1.Kadhar Maideen @ Ashok 2.Syed Ibrahim ... Petitioners/Accused 1 & 2 vs.

1.The Deputy Superintendent of Police Uthamapalayam Zone, Theni District.

2.Bhagavathi Raj ... Respondents/Respondents 1/3

PRAYER : Criminal Original Petition is filed to call for the records of the impugned summon issued by the first respondent dated 26.07.2021 and quash the same.

For Petitioners : Mr.G.Prabhu Rajadurai For Respondents : Mr.T.Senthilkumar, Additional Public Prosecutor for R1 Mr.Madhava Govindam for R2

ORDER

These two criminal original petitions have been filed by the petitioners challenging the issuance of summons issued by the Deputy Superintendent of Police, Uthamapalayam Zone, Theni District. The defacto complainant, namely Bhagavathi Raj has levelled certain serious allegations against the petitioners. It is now stated that the complaint has since been transferred to Deputy Superintendent of Police, DCB, Theni. The petitioners undertake to appear before the Deputy Superintendent of Police, DCB, Theni on 24.11.2021. The Deputy Superintendent of Police, DCB, Theni is directed to conclude the enquiry on merits and in accordance with law within a period of two weeks thereafter. If at the end of the enquiry, the said authority proposes to register any FIR against the petitioners, the petitioners shall be given notice so that they will have breathing time to move the concerned court for the relief of anticipatory bail.

2.With this direction, these criminal original petitions are disposed of. Connected miscellaneous petitions are closed. Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) skm 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.

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To 1.The Deputy Superintendent of Police Uthamapalayam Zone, Theni District.

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

3. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.N. MADHAVAGOVINDAN, Advocate ( SR-34897[F] dated 18/11/2021 ) +1 CC to M/s.G.PRABHU RAJADURAI, Advocate ( SR-34913[F] dated 18/11/2021 ) Crl OP(MD)Nos.8615 & 14968 of 2021 17.11.2021 DKS(CO) KB(19.11.2021) 3P 6C 3/3