Samuel Ponnusamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.(MD).No.17580 of 2018 Samuel Ponnusamy

...Petitioner

Vs.

1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police Costal Guard Unit, Ramanathapuram District, Ramanathapuram.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of the Cr.P.C., to direct the second respondent to serve the summon in connection with the case in C.C.No.94 of 2018 pending on the file of the learned Judicial Magistrate, Ambasamuthram, Tirunelveli District on Mr.Suresh Felix Peter, who is working as Inspector of Police working under him as expeditiously as possible within the time stipulation as prescribed by this Court. For Petitioner : Mr.R.Anand For Respondents: Mr.Suyambulinga Bharathi Government Advocate (crl.side)

O R D E R

This petition has been filed for a direction to the second respondent to serve the summon in connection with the case in C.C.No.94 of 2018, pending on the file of the learned Judicial Magistrate, Ambasamudram.

2.The learned counsel for the petitioner would submit that the accused in this case is an Inspector of Police. Presently, he is posted at Indian Costal Guard Station, "MRSC", Mandapam, Ramanathapuram District. Under Section 66 of Cr.P.C., the summon has to be served only through the Head Office. Therefore, the summon was attempted to be served through the second respondent, however, till date the summon was not served on the accused person by the second respondent and therefore, this petition has been filed seeking for proper direction.

https://hcservices.ecourts.gov.in/hcservices/ 3.The learned Government (crl.side) Advocate, on instructions, would submit that the summon has already been served

on the concerned accused person and the accused person will be present in Court below on 02.11.2018.

4.Recording the submission made by the learned Government Advocate, this Criminal Original Petition is disposed of. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS-IV) To 1.The Judicial Magistrate, Ambasamuthram, Tirunelveli District.

2.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

3.The Inspector of Police Costal Guard Unit, Ramanathapuram District, Ramanathapuram.

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

LS BU/RP/SAR-IV :26.10.2018 : 2P/5C Crl.O.P.(MD).No.17580 of 2018 03.10.2018 https://hcservices.ecourts.gov.in/hcservices/