Madras High CourtCRL OP(MD)/18782/2021disposed of

Kavitha v. The Commisioner Of Police

2021-11-30Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.18782 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.18782 of 2021 1.Kavitha 2.Eswaran ... Petitioners Vs 1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, Avaniyapuram Police Station, Madurai City.

3.Subbaiah ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the second respondent not to interfere the civil dispute. For Petitioners : Mr.R.Udhaya Kumar For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate

ORDER

The petitioners allege harassment at the hands of the respondent police based on the complaint of the third respondent.

2. When the matter was taken up for hearing, the learned Government Advocate (Crl.) states that the enquiry into the third respondent's complaint is still pending.

3. In these circumstances, this Criminal Original Petition is disposed of with the following directions:- "(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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.18782 of 2021 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 (P&A) // 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.

To 1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, Avaniyapuram Police Station, Madurai City.

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

Crl.O.P(MD)No.18782 of 2021 30.11.2021 NSN(CO) GC(10.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2