Madras High CourtCRL OP(MD)/17896/2021disposed of

V. Subramanian v. The Superintendent Of Police

2021-11-17Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.17896 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.17896 of 2021 V.Subramanian ... Petitioner Vs.

1.The Superintendent of Police, Madurai District.

2.The Inspector of Police, Oomachikulam Police Station, Madurai District.

3.Sulaigabeevi 4.A.Seenimohammed 5.Shahulhameed ... 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 under the guise of enquiry or investigation under the false, afterthought complaint given by the 3rd respondent and desist him from doing illegal kattapanchayat in a civil matter. For Petitioner : Mr.S.Siva Ilayaraja For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1 & R2.

O R D E R

The petitioner alleges harassment at the hands of the respondent police at the instance of the private respondents herein.

2.When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) submitted that there appears to be a civil dispute between the petitioner on the one hand and the private respondents on the other. I wanted to know if the complaint received against the petitioner has been enquired into or closed. The learned Government Advocate (Crl. Side) replied that the enquiry is still pending.

3.In these circumstances, the criminal original petition is disposed of with the following directions:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.17896 of 2021 "(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."

Sd/- Assistant Registrar (AS) // 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, Madurai District.

2.The Inspector of Police, Oomachikulam Police Station, Madurai District.

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

+1 CC to M/s.S. SIVA ILAYARAJA, Advocate ( SR-35242[F] dated 19/11/2021 ) Crl.O.P(MD)No.17896 of 2021 17.11.2021 RK(02/12/2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2