Madras High CourtCRL OP(MD)/17137/2021disposed of

Josephine Emerald Jesudial v. The Superintendent Of Police

2021-11-08Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.17137 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.17137 of 2021 and Crl.M.P(MD) No.9290 of 2021 Josephine Emerald Jesudial ... Petitioner Vs 1.The Superintendent of Police, CCIW, Industrial Estate, Guindy, Chennai - 32.

2.The Deputy Superintendent of Police, CCIW, Tirunelveli.

3.The Inspector of Police, CCIW Police Station, Tuticorin ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to call for the records in proceedings in summons issued by the second respondent, dated 27.10.2021 and quash the same. For Petitioner : Mr.T.A.Ebenezer For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to quash the summon issued by the second respondent.

2.It is seen that the petitioner's sister is one of the accused in Crime No.2 of 2021 registered on the file of third respondent. The second respondent only called upon the petitioner for enquiry before him on 29.10.2021. The petitioner is not an accused and there is no proposal to make her as accused also. The petitioner has only issued summons under Section 160 Cr.P.C. The right of the petitioner is not infringed in any manner. If the petitioner is sought to be implicated, the respondents will issue proper notice to the petitioner, so that the petitioner will have breathing time to move before this Court for anticipatory bail.

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Crl.O.P(MD)No.17137 of 2021 3.With this direction to the respondents, this Criminal Original Petition is closed. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (T&P) // True Copy // / /2021 Sub Assistant Registrar(CS) PNM NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1.The Superintendent of Police, CCIW, Industrial Estate, Guindy, Chennai - 32.

2.The Deputy Superintendent of Police, CCIW, Tirunelveli.

3.The Inspector of Police, CCIW Police Station, Tuticorin 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl.O.P(MD)No.17137 of 2021 08.11.2021 PK(CO) GC(03.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2