Madras High CourtCRL OP(MD)/15052/2023disposed of

Ayyamuthalagu Pandiyan v. The Superintendent Of Police

2023-08-29Honourable Dr. Justice D.Nagarjun4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN Crl.O.P.(MD) No.15052 of 2023 Ayyamuthalagu Pandian ... Petitioner Vs.

1.The Superintendent of Police, Office of Superintendent of Police, Race Course Road, Surveyor Colony, K.Pudur, Madurai-625 007.

2.The Deputy Superintendent of Police, O/C Deputy Superintendent of Police, Samayanallur, Madurai-625 402.

3.The Inspector of Police, Alanganallur Police Station, Alanganalur, Madurai District.

4.S.Siva ... Respondents PRAYER : Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the third respondent not to harass the petitioner under the guise of false complaint lodged by the fourth respondent and also direct the third respondent Police to issue summons under Sections 41 (A) of Cr.P.C. to investigate the matter.

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For Petitioner : Mr.R.Vignesh For R1 to R3 : Mr.B.Thanga Aravindh Government Advocate Crl.Side) For R4 : Mr.R.Karunanidhi O RDER This Criminal Original Petition is filed under Section 482 of Cr.P.C. seeking for a direction to the respondent Police to follow Section 41 (A) of Cr.P.C procedure during the course of enquiry and not to effect arrest.

2. It is submitted fairly by the learned counsel appearing for the petitioner that, by the time, this matter is taken up for hearing, the petitioner was arrested and produced before the Court and was remanded to judicial custody, thereby, this Criminal Original Petition has become infructuous.

3. Learned counsel for the petitioner submitted that the remand of the petitioner is irregular and the respondent Policeviolated Section 41 A of Cr.P.C., thereby, he intended to challenge the remand. The petitioner is at liberty to challenge the remand, if, he is advised so. 2/4

4. With the above directions, the Criminal Original Petition is disposed of.

29.08.2023 Ncc : Yes /No Index : Yes/No Internet : Yes/No tsg Note : Issue Order Copy by 30.08.2023 To 1.The Superintendent of Police, Office of Superintendent of Police, Race Course Road, Surveyor Colony, K.Pudur, Madurai-625 007.

2.The Deputy Superintendent of Police, O/C Deputy Superintendent of Police, Samayanallur, Madurai-625 402.

3.The Inspector of Police, Alanganallur Police Station, Alanganalur, Madurai District.

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

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DR.D.NAGARJUN. J.

tsg 29.08.2023 4/4