Madras High CourtCRL OP(MD)/11108/2020disposed of

T.Kumaravel v. The Commissioner Of Police

2020-10-09Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.11108 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.11108 of 2020 1.T.Kumaravel 2.T.Jeyalakshmi 3.K.Vanitha ... Petitioners Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, City Crime Branch, Madurai City, Madurai.

3.Prabhu ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondents 1 and 2 herein not to harass the petitioners on the guise of enquiry in pursuance to the complaint lodged by the third respondent.

For Petitioners : Mr.C.Ezhilarasu For R1 and R2 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondents 1 and 2.

2.The petitioners allege harassment at the hands of the second respondent police based on the complaint of the third respondent herein.

3.The learned counsel for the petitioners drew my attention to the order dated 11.06.2020 made in Crl.O.P(MD)No.6053 of 2020. It is seen that the third respondent herein had given a complaint before the Anna Nagar Police Station, Madurai. Thereafter, one other Criminal Original Petition came to be filed at the instance of the petitioners herein.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.11108 of 2020 4.The grievance of the petitioner is that the cause of action arose in Ramanad and that the third respondent is harassing them. Be that as it may, the complaint given by the third respondent is pending before the second respondent.

5. In view of the above, this Criminal Original Petition is disposed of with the following directions :

(i) The second respondent shall issue summons in writing, if he wants to enquire the petitioners. There cannot be any oral summon for attending enquiry.

(ii) If the second respondent registers any FIR, the petitioners will be put on notice, so that, the petitioners will have breathing time to move the concerned Court for the relief of anticipatory bail.

(iii) The second respondent shall conclude the petition mentioned enquiry within a period of two weeks from the date of receipt of a copy of this order.

Sd/- Assistant Registrar(Writs) // True Copy // / /2020 Sub Assistant Registrar(CS) das 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 Commissioner of Police, Madurai City, Madurai. 2.The Inspector of Police, City Crime Branch, Madurai City, Madurai.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.C. EZHILARASU, Advocate ( SR-19551[F] dated 09/10/2020 ) Crl.O.P(MD)No.11108 of 2020 09.10.2020 PK(CO) TR(20.10.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2