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Madras High CourtCRL OP(MD)/14114/2024disposed of

Baskar v. The Commissioner Of Police

2024-08-28Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.08.2024

CORAM

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

1.The Commissioner of Police, Tirunelveli City, Tirunelveli District.

2.The Deputy Commissioner of Police, Tirunelveli City, Tirunelveli District.

3.The Inspector of Police, City Crime Branch, Tirunelveli District.

4.Rajendran ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the third respondent not to harass the petitioner herein and also consider the representation dated 13.08.2024 made by the petitioner. For Petitioner : Mr.S.Muthumalai Raja For R1 to R3 : Mr.P.Kottai Chamy Government Advocate (Crl. Side) 1/4

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 also consider the representation dated 13.08.2024 made by the petitioner.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents 1 to 3 would submit that on the basis of the complaint given by the fourth respondent, enquiry is pending in current paper and that though the petitioner has earlier appeared for enquiry and sought time for producing some documents, thereafter he has not turned up.

3. 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.

4. Taking into account the overall facts and circumstances, the following directions are issued:- 2/4

"(a) The third 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 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."

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

28.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The Commissioner of Police, Tirunelveli City, Tirunelveli District.

2.The Deputy Commissioner of Police, Tirunelveli City, Tirunelveli District.

3.The Inspector of Police, City Crime Branch, Tirunelveli District.

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

Order made in Dated: 28.08.2024 4/4