Madras High CourtCRL OP(MD)/11522/2020disposed of

Dr.S.Rajkumar v. The Inspector Of Police

2020-10-16Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.11522 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2020

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.11522 of 2020 DR.S.Rajkumar ... Petitioner Vs 1.The Inspector of Police, All Women Police Station, Tallakulam Police Station, Madurai City.

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

3.M.Sivaranjani ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the first respondent not to harass the petitioner under the guise of enquiry in pursuance of the complaint dated not known given before the first respondent by the third respondent. For Petitioner : Mr.S.Rajeshkanna For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor For R3 : Mr.M.Jagadeesh Pandian

ORDER

Heard the learned counsel on either side.

2.The petitioner is the husband of the third respondent. The third respondent has given a matrimonial complaint against the petitioner before the first respondent.

3.The learned Additional Public Prosecutor states that enquiry is pending.

4.The learned counsel appearing for the petitioner states that the petitioner is working as a Doctor in AIIMS in Bhopal. 5.The learned counsel appearing for the third respondent claims that the contract period of the petitioner appears to be over. If the petitioner is still working in Bhopal, the petitioner has to produce proof of the same through his representative or counsel before the Investigation Officer. If the petitioner is still working at Bhopal, then the first respondent can even conduct enquiry through video conferencing. If Court cases can be conducted https://hcservices.ecourts.gov.in/hcservices/ 1/4

Crl.O.P.(MD)No.11522 of 2020 through video conferencing, I see no impediment in the respondent office to hold enquiry through video conferencing. 6.In the interest of justice, the following directions are passed.

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

(II) The first respondent is directed to conclude the enquiry within a period of four weeks from the date of receipt of a copy of this order.

7.With this direction, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 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 Inspector of Police, All Women Police Station, Tallakulam Police Station, Madurai City.

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

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

+1 CC to Mr.S.RAJESH KANNA, Advocate ( SR-20512[F] dated 19/10/2020 ) Crl.O.P(MD)No.11522 of 2020 16.10.2020 VB (03.11.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4