Madras High CourtCRL OP(MD)/11594/2020disposed of

C.Visalachi v. The Superintendent Of Police

2020-10-16Honourable Mr Justice G.R.Swaminathan3 pages

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.11594 of 2020 C.Visalatchi ... Petitioner Vs 1.The Superintendant of Police, Theni District, Theni.

2.The Deputy Superintendant of Police, Cumbum Division, 3.The State rep. by Sub Inspector of Police, Cumbum South Police Station, 4.Mohan 5.The Inspector of Police, All Woman Police Station, Uthamapalayam, ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the second and third respondent herein not to interfere the family dispute between the petitioner and the fourth respondent under the guise of enquiry without following the procedure established by law.

For Petitioner : Mr.S.Krishnan For R1 to R3 & R5 : Mr.V.Neelakandan Additional Public Prosecutor

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for R1 to R3 & R5.

2.The petitioner alleges harassment at the hands of the respondents.

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3.The learned Additional Public Prosecutor states that the fourth respondent has given a complaint against the petitioner and that it is pending before the third respondent. 4.The petitioner's counsel would state that the earlier complaint given by the petitioner before the fifth respondent was enquired into and closed by way of compromise. 5.In these circumstances, the following directions are issued.

(I) The third respondent will issue summons in writing, if he wants to enquire the petitioner. There cannot be any oral summon for attending enquiry.

(II)If the third 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.

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

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

Sd/- Assistant Registrar (CS-I) // 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 Superintendant of Police, Theni District, Theni.

2.The Deputy Superintendant of Police, Cumbum Division, 2/4

3.The Sub Inspector of Police, Cumbum South Police Station, 4.The Inspector of Police, All Woman Police Station, Uthamapalayam, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.11594 of 2020 16.10.2020 VB (02.11.2020) 3P 6C 3/4