Madras High CourtCRL OP(MD)/18327/2021disposed of

A.Gomathi v. The Superintendent Of Police

2021-11-24Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.18327 of 2021 1.A.Gomathi 2.A.Balamurugan 3.S.Subramanian 4.S.Periasamy 5.S.Arunachalam 6.S.Pandaram 7.S.Mariyal 8.N.Petchiammal 9.P.Poisollaan ... Petitioners Vs 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Deputy Superintendent of Police, Anti Land Grabbing Special Cell, Korampallam, Thoothukudi.

3.The Inspector of Police, Anti Land Grabbing Special Cell, Korampallam, Thoothukudi.

4.S.Periyarajappan ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondents not to harass the petitioners and their family members in the guise of enquiry. For Petitioner : Mr.I.Robert Chandrakumar For R1 to R3 : Mr.M.Sakthi Kumar Government Advocate 1/4

ORDER

This Criminal Original Petition has been filed for forbearing the respondent police from harassing the petitioners.

2. The petitioners' counsel alleges that the respondent police are compelling the petitioners to execute a deed of conveyance in favour of the fourth respondent. On the other hand, the learned Government Advocate states that complaint has been received from the fourth respondent and that it appears to be a case of registration of document by impersonation.

3. Taking note of the overall facts and circumstances, this Criminal Original Petition is disposed of with the following directions:- "(a) The third 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. The petitioners shall appear before the third respondent on 29.11.2021 and 30.11.2021 at 11.am., (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 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 purely civil in nature, the complaint has to be closed."

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) rmi 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.

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To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Deputy Superintendent of Police, Anti Land Grabbing Special Cell, Korampallam, Thoothukudi.

3.The Inspector of Police, Anti Land Grabbing Special Cell, Korampallam, Thoothukudi.

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

Crl.O.P(MD)No.18327 of 2021 24.11.2021 RK(30/11/2021) 3P 5C 3/4