P.Palanisamy v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN P.Palanisamy ... Petitioner Vs.

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

2.The State Rep. by The Inspector of Police, Oddanchatram Police Station, Oddanchatram, Dindigul District.

3.R.Nithiyaselvi ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 2nd respondent not to harass the petitioner and his family for the purpose of selling his own property to the third respondent forthwith under threat.

For Petitioner : Mr.S.Palani Velayutham For Respondents : Mr.M.Veeranthiran, Govt. Advocate (Crl. Side) for R1 & R2

O R D E R

Considering the nature of relief to be granted, notice to the third respondent is dispensed with.

2.The petitioner alleges harassment at the hands of the second respondent at the instance of the third respondent. To forbear the second respondent from doing so, this criminal original petition has been filed.

3.When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) submitted that based on the complaint of the third respondent, summon was issued to the petitioner and the petitioner also appeared in person once. He undertook to appear again with the document but he had not done so. Instead, he filed this criminal original petition. 1/3

4.Be that as it may, in the interest of justice, the following directions are issued:- "(a) The second respondent will issue written summons to the petitioner for causing his appearance before him for enquiry. There is no question of orally summoning the petitioner to the police station.

(b) The second respondent will conclude the enquiry within a period of three 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 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." 5.With these directions, this criminal original petition is disposed of.

Sd/- Assistant Registrar (Records) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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, Dindigul District, Dindigul.

2.The Inspector of Police, Oddanchatram Police Station, Oddanchatram, Dindigul District.

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

12.11.2021 MGJ(30.11.2021) 3P 4C 3/3