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Madras High CourtCRL OP(MD)/14972/2024disposed of

Selvaraj v. The State Of Tamil Nadu

2024-09-06Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.09.2024

CORAM

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

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

2.The Inspector of Police, Usilampatti Taluk Police Station, Madurai District.

3.Kaleeshwari ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent police not to harass the petitioner under the guise of enquiry based on the petitioner's representation dated 02.09.2024.

For Petitioner : Mr.D.S.Haroon Rasheed For R1 & R2 : Mr.P.Kottai Chamy Government Advocate (Crl. Side)

ORDER

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The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the second respondent not to harass the petitioner under the guise of enquiry based on the petitioner's representation dated 02.09.2024.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that on the basis of the complaint given by one Periyasamy, CSR No.128 of 2024 came to be registered against the third respondent and at the time of enquiry, it was informed that the petitioner has to give 16 goats and 30 lamb to the third respondent and the same is pending for enquiry.

3. Considering the above, the following directions are issued:- "(a) The second respondent will issue written summons to the petitioner, the third respondent and to the said Periyasamy 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.

06.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

2.The Inspector of Police, Usilampatti Taluk Police Station, Madurai District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 06.09.2024 4/4