Madras High CourtCRL OP(MD)/14123/2024disposed of

J.Sudha Karnan v. The Superintendent 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 J.Sudha Karnan ... Petitioner Vs.

1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Elumalai Police Station, Elumalai.

3.Meena ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent not to harass the petitioner in the name of to withdraw of his complaint dated 19.08.2024 and investigate the case accordance with law.

For Petitioner : Mr.P.Venkatesan For R1 & R2 : 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 second respondent not to harass the petitioner in the name of to withdraw his complaint dated 19.08.2024 and investigate the case in accordance with law.

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 the petitioner and the third respondent are neighbors and that on the basis of the complaint given by the petitioner as well as the third respondent, CSR Nos.328 and 329 of 2024 came to be registered and the same are pending.

3. Considering the above, the following directions are issued:- "(a) The second 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 second respondent will conclude the enquiry within a period of two weeks from the date of receipt of a 2/4

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."

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

28.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Elumalai Police Station, Elumalai.

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

3/4

K.MURALI SHANKAR,J.

csm Order made in Dated: 28.08.2024 4/4