B.Ezhilarasi v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2024
CORAM
THE HON'BLE MR.JUSTICE K.MURALI SHANKAR B.Ezhilarasi ... Petitioner 1.State rep.through The Superintendent of Police, District Superintendent of Police, Maduria District.
2.The Deputy Superintendent of Police, Thirumangalam Taluk, Madurai District.
3.The Inspector of Police, Thirumangalam Town Police Station, Madurai District.
4.S.Mathankumar 5.S.Rajamani ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the third respondent not to harass the petitioner and his family members by way of interfering with the matter purely civil in nature. For Petitioner : Mr.Deepakkumar 1/5
For Respondents : Mr.P.Kottai Chamy Government Advocate (Crl. Side) R1 to R3.
ORDER
The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders, to direct the third respondent not to harass the petitioner and his family members by way of interfering with the matter purely civil in nature.
2. Heard the learned counsel appearing for the petitioner 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 the complaint given by the fifth respondent, CSR No.719 of 2024 came to be registered and enquiry is pending and on that basis, the petitioner was directed to appear before the third respondent police for enquiry, but the petitioner has not turned up.
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4. At this juncture, the learned counsel appearing for the petitioner would submit that the petitioner is ready to appear before the third respondent on receipt of summons.
5. Taking into account the overall facts and circumstances, the following directions are issued:- "(a) The third 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 third 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 third 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." 3/5
6. With the above directions, this Criminal Original Petition stands disposed of.
21.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No das To The Superintendent of Police, District Superintendent of Police, Maduria District.
2.The Deputy Superintendent of Police, Thirumangalam Taluk, Madurai District.
3.The Inspector of Police, Thirumangalam Town Police Station, Madurai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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K.MURALI SHANKAR,J.
das Order made in Dated: 21.08.2024 5/5