Kannaperumal v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.08.2024

CORAM

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

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

2.The Sub Inspector of Police, Aazhlvar Kurichi Police Station, Tenkasi District.

3.Venkatesh ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent not to harass the petitioner based on the petitioner representation dated 31.07.2024.

For Petitioner : Mr.S.Sukumar For R1 & R2 : Mr.P.Kottai Chamy Government Advocate (Crl. Side) 1/6

ORDER

This Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the second respondent not to harass the petitioner based on the petitioner's representation dated 31.07.2024.

2. When the matter is taken up for hearing today, the learned counsel appearing for the petitioner would submit that the petitioner has already sent two complaints but there was no action on the part of the second respondent and he has also produced the copy of the online complaint along with acknowledgement. He would further submit that the second respondent has taken the petitioner's vehicle forcibly.

3. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that on the basis of the complaint lodged by the third respondent's wife as well as one Rathinakumar, CSR Nos.661 of 2024 and 633 of 2024 came to be registered against the petitioner and the same are pending. 2/6

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 respondent 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." 3/6

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

13.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Superintendent of Police, Tenkasi District, Tenkasi.

2.The Sub Inspector of Police, Aazhlvar Kurichi Police Station, Tenkasi District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 13.08.2024 6/6