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Madras High CourtCRL OP(MD)/13617/2024disposed of

Nagasutharsan v. The Superintendent Of Police

2024-08-20Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.08.2024

CORAM

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

State represented by 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Kadaladi Police Station, Ramanathapuram District.

3.Shanmugavalli 4.Dharmamuneeswar 5.Jeyapratha 6.Shanthi 7.Vengatesh ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the first respondent to instruct the second respondent not to harass the petitioner forthwith petitioner's representation dated 16.07.2024 and 13.08.2024.

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For Petitioner : Mr.M.Sivashankar For R1 & R2 : Mr.P.Kottai Chamy Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the first respondent to instruct the second respondent not to harass the petitioner by considering his petitioner's representation dated 16.07.2024 and 13.08.2024.

2. When the matter is taken up for hearing today, 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 petitioner's brother Yuvaraj, CSR No.175 of 2024 came to be registered and after enquiry, FIR came to be registered in Crime No.90 of 2024 on 18.08.2024. He would further submit that on the basis of the complaint lodged by the private respondents, CSR No.176 of 2024 came to be registered and when the petitioner was directed to appear for enquiry, he has not turned up.

3. At this juncture, the learned counsel appearing for the petitioner 2/4

would submit that the petitioner is ready to appear before the second respondent on receipt of summons.

4. Considering the above, the following directions are issued:- "(a) The second respondent will issue written summons to the petitioner for causing his appearance before him for enquiry. There is no question of orally summoning the petitioner 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."

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

20.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm 3/4

K.MURALI SHANKAR,J.

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

2.The Inspector of Police, Kadaladi Police Station, Ramanathapuram District.

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

Order made in Dated: 20.08.2024 4/4