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Madras High CourtCRL OP(MD)/13890/2024disposed of

Gangatharan v. The Superintendent Of Police

2024-08-23Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2024

CORAM

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

1.The Superintendent of Police, Tenkasi District.

2.The Inspector of Police, Uthumalai Police Station, Tenkasi District.

3.The Inspector of Police, District Crime Branch, Tenkasi District.

4.Ponraj ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the first respondent to direct the second respondent police herein not to harass the petitioner under the guise of enquiry by the complaint lodged by the fourth respondent one named Ponraj on the basis of the petitioner's representation dated 12.08.2024. 1/4

For Petitioner : Mr.S.Baskar Mathuram For R1 to R3 : Mr.P.Kottai Chamy Government Advocate (Crl. Side)

ORDER

The 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 under the guise of enquiry by the complaint lodged by the fourth respondent on the basis of the petitioner's representation dated 12.08.2024.

2. It is not in dispute that on the basis of the complaint lodged by the fourth respondent, FIR came to be registered in Crime No.32 of 2021 on 25.12.2021 for the alleged offences under Sections 406, 417, 465, 468, 471 and 420 IPC against one Navamani @ Markasheeyas.

3. The learned counsel appearing for the petitioner would submit that the above case came to be registered by the third respondent and investigation is pending before the third respondent and that in the meanwhile, the second respondent has issued summons to the petitioner to appear for enquiry.

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4. The learned Government Advocate (Criminal Side) appearing for the respondents 1 to 3 would submit that since so many cases are pending before the District Crime Branch, Tenkasi District, the first respondent has nominated the second respondent to conduct investigation in respect of some cases pending before the District Crime Branch, Tenkasi District and accordingly, the second respondent is now in-charge for the investigation in the case in Crime No.32 of 2021.

5. Recording the same, the second respondent is directed to issue summons to the petitioner and on receipt of the same, the petitioner is directed to appear for enquiry.

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

23.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm 3/4

K.MURALI SHANKAR,J.

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

2.The Inspector of Police, Uthumalai Police Station, Tenkasi District.

3.The Inspector of Police, District Crime Branch, Tenkasi District.

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

Order made in Dated: 23.08.2024 4/4