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Madras High CourtCRL OP(MD)/12790/2024disposed of

Kathiresan v. The Superintendent Of Police

2024-08-06Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Kathiresan ... Petitioner Vs.

1.The Superintendent of Police, District Police Office, TCS Tollgate, Subramaniapuram, Trichy -20.

Trichy District.

2.The Inspector of Police, Kattuputhur Police Station, Kattuputhur, Thottiam Taluk, Trichy District.

3.Saminathan 4.Arumugam ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent herein not to harass the petitioner based on the complaint of the respondents 3 and 4 herein in the light of the petitioner's representation, dated 30.07.2024.

For Petitioner : Mr.R.Sundar 1/5

For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor, for R1 &R2.

: Mr.A.Joel Paul Antony, for R3 & R4.

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders, to direct the second respondent herein not to harass the petitioner based on the complaint of the respondents 3 and 4 herein in the light of the petitioner's representation, dated 30.07.2024.

2. Heard the learned counsel appearing for the petitioner, learned counsel for the private respondents 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 private respondents, CSR.No.627 of 2024 came to be registered and the enquiry is pending.

2/5

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

5. Taking into account the overall facts and circumstances, the following directions are issued:- "(a) The second respondent will issue written summons to the petitioner 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 second 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."

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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 Superintendent of Police, District Police Office, TCS Tollgate, Subramaniapuram, Trichy -20.

Trichy District.

2.The Inspector of Police, Kattuputhur Police Station, Kattuputhur, Thottiam Taluk, Trichy District.

3.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 5/5