Madras High CourtCRL OP(MD)/14862/2024disposed of

R.Shanthi v. The State Of Tamilnadu

2024-09-05Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR R.Shanthi ... Petitioner Vs.

1.The Superintendent of Police, Madurai District, Madurai.

2.The State rep by The Inspector of Police, Nagamalai Pudukottai Police Station, Madurai, Madurai District.

... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent not to harass or ill-treat the petitioner based on her representation dated 03.06.2024. For Petitioner : Mr.J.Sulthan Basha For Respondents : Mr.P.Kottai Chamy Government Advocate (Crl. Side)

ORDER

The Criminal Original Petition has been filed, invoking Section 1/4

528 B.N.S.S., seeking orders to direct the second respondent not to harass or ill-treat the petitioner based on her representation dated 03.06.2024.

2. The learned Government Advocate (Criminal Side) appearing for the respondents would submit that the petitioner entered into a sale agreement with one Sanjay Kumar, who in turn mortgaged the property with another company, that since the said Sanjay Kumar was attempting to evict the petitioner in force, he lodged a complaint and CSR came to be registered and the same was ordered to be closed and that thereafter, the said Sanjay Kumar has lodged a complaint and the same is pending in current paper.

3. Recording the same, the following directions are issued:- "(a) The second respondent will issue written summons to the petitioner and the said Sanjay Kumar 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 2/4

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."

4. With the above directions, this Criminal Original Petition stands disposed of.

05.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Nagamalai Pudukottai Police Station, Madurai, Madurai District.

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

3/4

K.MURALI SHANKAR,J.

csm Order made in Dated: 05.09.2024 4/4