Madras High CourtCRL OP(MD)/8745/2021disposed of

Vinoth Kumar v. The Superintendent Of Police

2021-11-23Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.8745 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.8745 of 2021 Vinoth Kumar ... Petitioner Vs.

1. State rep. By, The Superintendent of Police, Tirunelveli, Tirunelveli District.

2. The Inspector of Police, District Crime Branch police station, Tirunelveli, Tirunelveli District.

3. Abdul Kasim ... Respondents Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to direct the first and second respondents not to harass the petitioner on the basis of foisting false complaints given by the third respondent herein.

For Petitioner : Mr.N.S.Ramakrishna Dass For R-1 & R-2 : Mr.M.Veeranthiran, Government Advocate.

O R D E R

Heard the learned counsel on either side.

2. The petitioner alleges harassment at the hands of the second respondent, based on the complaint of the third respondent.

3. The learned Government Advocate admits that the complaint has been received from the third respondent and the enquiry is still pending.

4. In these circumstances, this criminal original petition is disposed of with the following directions:- "(a) The second respondent will issue written summons to the petitioner for causing his appearance before him for enquiry. There is no question of orally summoning the petitioner to the police station.

(b) The second respondent will conclude the enquiry within a period of two weeks from the date of receipt of a copy of this order.

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2 CRL.O.P.(MD)NO.8745 OF 2021 (c) If at the end of the enquiry, the matter is found to be civil in nature, the complaint shall be closed. (d) If at the end of the enquiry, cognizable offence is made out and the second respondent proposes to register any FIR, the petitioner will be given notice of the same so that the petitioner will have breathing time to move the concerned Court for the relief of anticipatory bail." Sd/- Assistant Registrar (Records) // True Copy // / /2021 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, Tirunelveli, Tirunelveli District.

2. The Inspector of Police, District Crime Branch police station, Tirunelveli, Tirunelveli District.

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

Crl.O.P.(MD)No.8745 of 2021 23.11.2021 MGJ(30.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2