Madras High CourtCRL OP(MD)/14634/2024disposed of

Sureshkumar Sadhasivam v. The Superintendent Of Police

2024-09-03Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2024

CORAM

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

1.The State of Tamilnadu rep by The Superintendent of Police, Office of Superintendent of Police, Thanjavur District.

2.The Inspector of Police, Town South Police Station, Thanjavur District.

3.Sophiamalathi ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the official respondents herein to not to harass the petitioner under the grab of holding up an investigation by considering his representation dated 26.08.2024.

For Petitioner : Mr.R.L.Dhilipan Pandian For R1 & R2 : Mr.P.Kottai Chamy Government Advocate (Crl. Side) 1/4

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the official respondents not to harass the petitioner under the grab of holding up an investigation by considering his representation dated 26.08.2024.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that on the basis of the complaint given by the third respondent and one Rajeswari, enquiry is pending in current paper and CSR against the petitioner.

3. At this juncture, the learned counsel appearing for the petitioner would submit that the petitioner is ready to appear before the second respondent on receipt of summons.

4. Taking into account the overall facts and circumstances, the following directions are issued:- "(a) The second respondent will issue written 2/4

summons to the petitioner as well as to the private respondent and the said Rajeswari for causing their appearance before him for enquiry. There is no question of orally summoning the parties 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 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 the above directions, this Criminal Original Petition stands disposed of.

03.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The Superintendent of Police, Office of Superintendent of Police, Thanjavur District.

2.The Inspector of Police, Town South Police Station, Thanjavur District.

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

Order made in Dated: 03.09.2024 4/4