Madras High CourtCRL OP(MD)/11559/2020disposed of

C.Karuppaiah v. The Superintendent Of Police

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

Crl.O.P.(MD)No.11559 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.11559 of 2020 C.Karuppiah ... Petitioner Vs 1.The Superintendant of Police, Sivagangai, Sivagangai District.

2.The Deputy Superintendant of Police, Karaikudi, Sivagangai District.

3.The Inspector of Police, Sakkottai Police Station, Sakkottai, Sivagangai District.

4.Kalimuthu ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondents 1 to 3 herein not to interfere in the civil dispute between the petitioner and the fourth respondent and not to harass the petitioner under the guise of enquiry. For Petitioner : Mr.S.Bala Karthick For R1 to R3 : 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. 2.The fourth respondent appears to have given a complaint against the petitioner regarding pathway encroachment. It is pending enquiry before the third respondent.

3. I am of the view that interest of justice will be served by issuing the following directions:- (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.

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Crl.O.P.(MD)No.11559 of 2020 (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.

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

Sd/- Assistant Registrar (co) // 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, Sivagangai, Sivagangai District.

2.The Deputy Superintendant of Police, Karaikudi, Sivagangai District.

3.The Inspector of Police, Sakkottai Police Station, Sakkottai, Sivagangai District.

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

Crl.O.P(MD)No.11559 of 2020 16.10.2020 VB (02.11.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/4