Zahir Hussain v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Zahir Hussain ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Thirumangalam, Madurai - 625 706.

3.The Inspector of Police, Thirumangalam Town Police Station, Thirumangalam, Madurai - 625 706.

4.S.Sikkandar ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 1st respondent to give suitable direction to the respondents No.2 and 3 not to harass the petitioner at the instigation of the respondent No.4 by considering the petitioner's representation dated 09.11.2021 within the period as stipulated by this Court.

For Petitioner : Mr.A.Haja Mohieen For Respondents : Mr.M.Veeranthiran, Govt. Advocate (Crl. Side) for R1 to R3.

O R D E R

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondents 1 to 3. Considering the nature of relief to be granted, issuance of notice to the fourth respondent is dispensed with.

2.The petitioner alleges harassment by the respondent police at the instance of the fourth respondent. According to the petitioner, 1/3

proceedings are pending between him and the fourth respondent. The learned Government Advocate (Crl. Side) also stated that the complaint lodged by the fourth respondent against the petitioner is still pending.

3.In these circumstances, 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." 4.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, Office of Superintendent of Police, Madurai District, Madurai.

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2.The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Thirumangalam, Madurai - 625 706.

3.The Inspector of Police, Thirumangalam Town Police Station, Thirumangalam, Madurai - 625 706.

4. The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai 15.11.2021 AC(CO) KB(25.11.2021) 3P 5C 3/3