Madras High CourtCRL OP(MD)/11490/2020disposed of

K.Bhagavanbasu v. The Commissioner Of Police

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

Crl.O.P.(MD)No.11490 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.11490 of 2020 1.K.Bhagavanbasu 2.P.Sadaiappan 3.J.Ananthasivakumar 4.K.Kalpana ... Petitioners Vs 1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, Anti Land grabbing Special Cell, Alagarkovil Road, Madurai.

3.A.Manogari ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the second respondent not to involve or interfering with civil dispute which subject matter of Civil Suit No.257 of 2019 on the file of the Principal District Court, Madurai is being between the petitioners and the third respondent in connection with house plot No.22 admeasuring an extend of 8.5 cents comprising Survey No.27/4 and 27/5 Vilangudi Village, Madurai District and also abstaining them from harassing the petitioner in this regard. For Petitioners: Mr.V.P.Rajan For R1 & R2 : Mr.V.Neelakandan Additional Public Prosecutor For R3 : Mr.Mayilvahana Rajendiran

ORDER

Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for R1 and R2 and the learned counsel appearing for the third respondent. 2.The third respondent has given a complaint against the petitioners.

3.The learned counsel appearing for R3 would submit that there was some financial transaction between the parties and that the third respondent had given her original documents to the petitioners herein. The third respondent would allege that the petitioners had misused her signature and on the strength of the documents, they filed a civil suit against the third respondent. 4.The complaint given by the third respondent is pending enquiry.

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Crl.O.P.(MD)No.11490 of 2020 5.Considering the facts and circumstances, 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 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 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 III) // 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 Principal District Judge, Madurai.

2.The Commissioner of Police, Madurai City.

3.The Inspector of Police, Anti Land grabbing Special Cell, Alagarkovil Road, Madurai.

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

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