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Madras High CourtCRL OP(MD)/14371/2024disposed of

Senthilkumar v. The Inspector Of Police

2024-08-30Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.Senthilkumar 2.Mathivanan ... Petitioners Vs.

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

2.The Deputy Superintendent of Police, Virudhunagar District, Virudhunagar.

3.The State rep. by The Inspector of Police, The District Crime Branch, Virudhunagar District.

4.IVR Prime Developers (Arakku) Pvt, D.No.30-A, South Phase, 6th Cross Street, Thiru-Vi-Ka-G Industrial Estate, Guindy, Chennai-600032.

5.N.S.Mani 6.Saravanakumar ... Respondents 1/4

PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the third respondent not to harass the petitioners under the guise of enquiry based on the complaint given by the sixth respondent. For Petitioners : Mr.M.Raja Ravi Varma For R1 to R3 : Mr.P.Kottai Chamy Government Advocate (Crl. Side) For R6 : Mr.P.Kanni Thevan

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the third respondent not to harass the petitioners under the guise of enquiry based on the complaint given by the sixth respondent.

2. The learned Government Advocate (Criminal Side) appearing for the respondents 1 to 3 would submit that on the basis of the complaint given by the sixth respondent, enquiry is pending in current paper.

3. At this juncture, the learned counsel appearing for the petitioners would submit that the petitioners are ready to appear before the third respondent on receipt of summons.

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4. Considering the above, the following directions are issued:- "(a) The third respondent will issue written summons to the petitioners and to the private respondents for causing their appearance before him for enquiry. There is no question of orally summoning the parties to the police station.

(b) The third respondent will conclude the enquiry within a period of two weeks from the date of receipt of a copy of this order.

(c) If at the end of the enquiry, cognizable offence is made out and the third respondent proposes to register any FIR, the petitioners will be given notice of the same so that the petitioners will have breathing time to move the concerned Court for the relief of anticipatory bail."

5. With the above directions, this Criminal Original Petition stands disposed of.

30.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Deputy Superintendent of Police, Virudhunagar District, Virudhunagar.

3.The Inspector of Police, The District Crime Branch, Virudhunagar District.

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

Order made in Dated: 30.08.2024 4/4