Madras High CourtCRL OP(MD)/11526/2020disposed of

Parthiban v. The Commissioner Of Police

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

1 CRL.O.P.(MD)NO.11526 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)Nos.11526 & 11533 of 2020 Parthiban ... Petitioner in Crl.O.P.(MD)No.11526 of 2020

1. Murugesan

2. M.Sureshkumar ... Petitioners in Crl.O.P.(MD)No.11533 of 2020 Vs.

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

2. The Inspector of Police, City Crime Branch police station(CCB), Trichy City, Trichy.

3. G.Hari, S/o.Ganapathy, General Manager, KAG India Pvt. Ltd., Velacheri Main Road, Thambaram(East), Chennai - 600 059.

... Respondents in both petitions Common Prayer: Criminal Original petitions are filed under Section 482 of Cr.P.C, to direct the second respondent not to harass the petitioners under the guise of enquiry pertaining to FIR No.3 of 2020 on the file of the second respondent, City Crime Branch(CCB) police station, Trichy City, without following due process of law. (in both Crl.O.Ps.) For Petitioners : Mr.R.Murugappan For R-1 & R-2 : Mr.V.Neelakandan, Additional Public Prosecutor.

For R-3 : Mr.Jameel Arasu C O M M O N O R D E R Heard the learned counsel on either side.

2. The petitioners allege harassment at the hands of the second respondent at the instance of the third respondent herein. It appears that Crime No.3 of 2020 was registered by the second https://hcservices.ecourts.gov.in/hcservices/

2 CRL.O.P.(MD)NO.11526 OF 2020 respondent at the instance of the third respondent against some other persons. As of now the petitioners herein are not figuring as accused. According to the petitioners, the second respondent is compelling the petitioners to compromise the matter.

3. Taking note of the submission made by the learned counsel on either side, the following directions are issued:- (i) The second respondent will 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 given due notice, so that, the petitioners will have breathing time to move the concerned Court for the relief of anticipatory bail.

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

4.With this direction, this Criminal Original Petitions are disposed of.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2020 Sub Assistant Registrar(CS) 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, Trichy City, Trichy.

2. The Inspector of Police, City Crime Branch police station(CCB), Trichy City, Trichy.

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

Crl.O.P.(MD)Nos.11526 & 11533 of 2020 16.10.2020 pmu SDS (02.11.2020) 2P-4C https://hcservices.ecourts.gov.in/hcservices/