Madras High CourtCRL OP(MD)/18166/2021disposed of

E.Balamurugan v. The Commissioner Of Police

2021-11-22Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.18166 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.18166 of 2021 1.E.Balamurugan 2.B.Thamayanthi 3.B.Palpandi 4.E.Mareeswari 5.B.Thangapandi ... Petitioners vs.

1.The Commissioner of Police, Office of Commissioner of Police, Madurai.

2.The Inspector of Police, Mathichiyam Police Station, Madurai.

3.R.Kanmani ... Respondents PRAYER : Criminal Original Petition filed under Section 482 Cr.P.C., to direct the second respondent not to harass the petitioners and their family members except through due process of law. For Petitioners : Mr.M.Shakul Hameed For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl.)

O R D E R

This Criminal Original Petition has been filed alleging harassment at the hands of the second respondent based on the complaint of the third respondent.

2. When the matter was taken up for hearing, the learned Government Advocate (Crl.) submitted that enquiry into the complaint of the third respondent is pending and that summons have been issued calling upon the petitioners to appear for enquiry.

3. Taking note of the overall facts and circumstances, this Criminal Original Petition is disposed of with the following directions:- https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.18166 of 2021 "(a) The second respondent will issue written summons to the petitioners for causing them appearance before him for enquiry. There is no question of orally summoning the petitioners to the police station.

(b) The second 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 second respondent proposes to register any FIR, the petitioners will be given notice of the same so that the petitioners will have breathing time to move the concerned Court for the relief of anticipatory bail.

(d) If the case is civil in nature, the complaint has to be closed."

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS) 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, Office of Commissioner of Police, Madurai.

2.The Inspector of Police, Mathichiyam Police Station, Madurai.

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

Crl.O.P.(MD)No.18166 of 2021 Date:22.11.2021 SA (29.11.2021)2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2