Madras High CourtCRL OP(MD)/18583/2021disposed of

S.Maharaja v. The Superintendent Of Police

2021-11-26Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.18583 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.18583 of 2021 S.Maharaja ... Petitioner Vs 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Deputy Superintendent of Police, Ambasamuthiram, Tirunelveli District.

3.The Inspector of Police, Amabasamuthiram Police Station, Tirunelveli District.

4.M.Jeyanthi ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the first respondent to instruct the respondents 2 and 3 not to harass the petitioner and his family members without following the due process of law.

For Petitioners : Mr.M.Erulapparaja For R1 to R3 : Mr.M.Sakthi Kumar Government Advocate (Crl.)

ORDER

The petitioner alleges harassment at the hands of the third respondent based on the complaint of the fourth respondent.

2. The learned Government Advocate (Crl.) submitted that the fourth respondent has given a complaint that the petitioner had taken Rs.3,00,000/- from her by promising to arrange a government job. The petitioner has a rival version to present. I do not want to go into the factual controversy.

3. In the interest of justice, the following directions are issued:- "(a) The third respondent will issue written summons to the petitioner for causing his appearance before him for https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.18583 of 2021 enquiry. There is no question of orally summoning the petitioner to the police station.

(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 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.This Criminal Original Petition is disposed of. Sd/- Assistant Registrar (CS III) // 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 Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Deputy Superintendent of Police, Ambasamuthiram, Tirunelveli District.

3.The Inspector of Police, Amabasamuthiram Police Station, Tirunelveli District.

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

Crl.O.P(MD)No.18583 of 2021 26.11.2021 MGJ(04.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2