S.Mariammal v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.11.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Mariammal ... Petitioner Vs.

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

2.The Assistant Commissioner of Police, Avaniyapuram Police Station, Madurai City, Madurai.

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

4.Kumaran 5.Vaithiyalingam 6.Rajavel 7.Rajendran 8.John Ebinesar ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 2nd respondent not to interfere with the civil dispute under the guise of any investigation. For Petitioner : Mr.R.Mariappan For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1 to R3.

O R D E R

The petitioner alleges harassment at the hands of the respondent police at the instance of the private respondents. 2.When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) submitted that the fourth respondent has given a complaint and CSR has also been issued. 3.In these circumstances, the following directions are issued:- (i) The petitioner will be summoned only by way of written summon. There is no question of orally 1/3

summoning the petitioner.

(ii) The third respondent will conclude the enquiry on merits and in accordance with law within a period of two weeks after the appearance of the petitioner. (iii) If the matter is purely civil in nature, the third respondent will close the complaint.

(iv) If cognizable offence is made out and if the third respondent proposes to register any FIR, the petitioner will be given due notice. So that the petitioner will have breathing to move the concerned Court for the relief of anticipatory bail.

4.The criminal original petition is disposed of accordingly. Sd/- Assistant Registrar (CS I) // 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 Commissioner of Police, Madurai City, Madurai.

2.The Assistant Commissioner of Police, Avaniyapuram Police Station, Madurai City, Madurai.

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

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

25.11.2021 KS(CO) SB(03.12.2021) 3P 5C 3/3