Madras High CourtCRL OP(MD)/15704/2024disposed of

Sathishkumar v. The State Of Tamilnadu

2024-09-19Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.Sathishkumar 2.Padamavathi ... Petitioners Vs.

1.State represented by The Inspector of Police, Woraiyur Police Station, Trichy District.

2.Santhi ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the first respondent not to harass the petitioners under the guise of enquiry on the basis of the complaint lodged by the second respondent.

For Petitioners : Mr.P.Ganapathi Subramanian For R1 : Mr.P.Kottai Chamy Government Advocate (Crl. Side) 1/4

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the first respondent not to harass the petitioners under the guise of enquiry on the basis of the complaint lodged by the second respondent.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the first respondent would submit that the second respondent is the mother of the first petitioner and daughter of the second petitioner and that the second respondent has lodged a complaint and on that basis, CSR No.306 of 2024 came to be registered and subsequently the petitioner has also preferred a complaint and on that basis, CSR No.280 of 2024 came to be registered and both are pending.

3. Recording the same, the following directions are issued:- "(a) The first respondent will issue written summons to the petitioners and to the private respondent for causing their appearance before him for enquiry. There is no 2/4

question of orally summoning the parties to the police station.

(b) The first 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 first respondent proposes to register any FIR, the petitioners will be given notice of the same so that the petitioners 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.

19.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The Inspector of Police, Woraiyur Police Station, Trichy District.

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

Order made in Dated: 19.09.2024 4/4