Manikandan v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.08.2024

CORAM

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

1.State Rep. by The Commissioner of Police, Madurai City, Madurai.

2.The Assistant Commissioner of Police, O/o.The Assistant Commissioner of Police, Vilakkuthoon, Madurai.

3.The Inspector of Police, Teppakulam Police Station, Madurai.

4.Suganthi ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent not to harass the petitioner and his family members in the guise of enquiry based on the false complaint given by the fourth respondent, by considering the petitioner's representation dated 19.08.2024.

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For Petitioner : Mr.J.Jawahar 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 second respondent not to harass the petitioner and his family members in the guise of enquiry based on the false complaint given by the fourth respondent, by considering the petitioner's representation dated 19.08.2024.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents 1 to 3.

3. The learned Government Advocate (Criminal Side) appearing for the respondents 1 to 3 would submit that on the basis of the complaint given by the fourth respondent, CSR No.659 of 2024 came to be registered and is pending for enquiry.

4. At this juncture, the learned counsel appearing for the petitioner would submit that the petitioner is ready to appear before the third 2/4

respondent on receipt of summons.

5. Taking into account the overall facts and circumstances, the following directions are issued:- "(a) The third 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 third respondent will conclude the enquiry within a period of two 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 third 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."

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

29.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Assistant Commissioner of Police, O/o.The Assistant Commissioner of Police, Vilakkuthoon, Madurai.

3.The Inspector of Police, Teppakulam Police Station, Madurai.

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

Order made in Dated: 29.08.2024 4/4