Madras High CourtCRL OP(MD)/10258/2021dismissed

Ganapathy v. The Superintendent Of Police

2021-11-17Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.10258 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.10258 of 2021 and Crl.M.P.(MD)No.5922 of 2021 Ganapathy ... Petitioner Vs 1.The Superintendent of Police, Office of Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, South Police Station, Thoothukudi, Thoothukudi District.

... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the second respondent not to interfere with the civil dispute and also not to harass the petitioner herein. For Petitioner : Mr.S.Muthumalai Raja For R1 & R2 : Mr.M.Veeranthiran Government Advocate

ORDER

Heard the learned counsel on either side.

2. The petitioner claims to be the dharmakartha of the petition mentioned temple. There is a dispute between the petitioner and some individuals regarding the office which the petitioner is claiming to hold. The petitioner alleges that a relative of his rivals is working as SSI in the office of the Superintendent of Police, Thoothukudi District and that at his instance, he is being harassed by the second respondent

3. In these circumstances, the following directions are issued.

"(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.

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Crl.O.P.(MD)No.10258 of 2021 (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.

(c) 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."

4.With these directions, this criminal original petition is disposed of. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (W) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi 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, Office of Superintendent of Police, Thoothukudi District.

2.The Inspector of Police, South Police Station, Thoothukudi, Thoothukudi District.

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

Crl.O.P(MD)No.10258 of 2021 17.11.2021 RK(02/12/2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2