Madras High CourtCRL OP(MD)/17607/2021disposed of

A.Balakrishnan v. The Commissioner Of Police

2021-11-15Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.17607 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.17607 of 2021 A.Balakrishnan ... Petitioner Vs.

1.The Commissioner of Police, Trichy City, Tiruchirappalli District.

2.The Inspector of Police, Cantonment Police Station, Tiruchirappalli District.

... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondents not to harass the petitioner from conducting the Benz Vocation Club situated at No.8/1, District Collector Office Road, Cantonment, Tiruchirappalli District. For Petitioner : Mr.N.Sudhagar Nagaran For Respondents : Mr.M.Veeranthiran, Govt. Advocate (Crl. Side)

O R D E R

Heard the learned counsel on either side.

2.The petitioner is running a club and he alleges that the office bearers and employees of the club are being harassed by the second respondent. To restrain them 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 one Santhosh had given a complaint against the petitioner and others. According to him, he was attacked and that he suffered injuries. But till date no FIR has been registered and only CSR has been issued to Santhosh. 4.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.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.17607 of 2021 (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 (CO) // 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 Commissioner of Police, Trichy City, Tiruchirappalli District.

2.The Inspector of Police, Cantonment Police Station, Tiruchirappalli District.

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

Crl.O.P(MD)No.17607 of 2021 15.11.2021 MGJ/PM(25.11.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2