M.Jaheer Hussain v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR M.Jaheer Hussain : Petitioner Vs.

1.The Inspector of Police, Tallakulam Police Station, Tallakulam, Madurai.

2.Hajira Banu : Respondents PRAYER: Criminal Original Petition filed under Section 528 B.N.S.S., to direct the first respondent not to harass the petitioner in the name of enquiry without registering any case.

For Petitioner : Mr.J.John For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor, for R1.

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders, to direct the first respondent not to harass the petitioner in the name of enquiry without registering any case. 1/4

2. Heard the learned counsel appearing for the petitioner, learned counsel for the private respondent and the learned Government Advocate (Criminal Side) appearing for the State.

3. The learned Government Advocate (Criminal Side) appearing for the State would submit that on the basis of the complaint given by the third respondent, enquiry is pending before the first respondent.

4. At this juncture, the learned counsel appearing for the petitioner would submit that the petitioner is ready to appear before the first respondent on receipt of summons.

5. Taking into account the overall facts and circumstances, the following directions are issued:- "(a) The first respondent will issue written summons to the petitioner and to the private respondent for causing their appearance before him for enquiry. There is no question of orally summoning the parties to the police station.

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(b) The first 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 second respondent proposes to register any FIR, the petitioner will be given notice of the same so that the petitioner will have breathing time to move the concerned Court for the relief of anticipatory bail."

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

06.08.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No das To 1.The Inspector of Police, Tallakulam Police Station, Tallakulam, Madurai.

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

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K.MURALI SHANKAR,J.

das Order made in Dated: 06.08.2024 4/4