Madras High CourtCRL OP(MD)/18804/2021disposed of

Thayubkhan v. The Commissioner Of Police

2021-11-30Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.18804 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.18804 of 2021 Thayubkhan ... Petitioner Vs 1.The Commissioner of Police, Madurai City, Madurai.

2.The Assistant Commissioner of Police, Thideer Nagar Range, Madurai.

3.The Inspector of Police, S.S.Colony Police Station, Madurai District.

4.S.S.Vigneswaran 5.T.Shanmuganathan ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the third respondent not to harass the petitioner and not to conduct Katta panchayat by interfering into the civil dispute on the guise of enquiry on the basis of the alleged complaint given by the fourth respondent.

For Petitioners : Mr.P.M.Vishnuvarthanan For R1 to R3 : Mr.M.Sakthi Kumar Government Advocate

ORDER

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

2. When the matter was taken up for hearing, the learned Government Advocate (Crl.) states that the enquiry into the fourth respondent's complaint is still pending.

3. In these circumstances, this Criminal Original Petition is disposed of with the following directions:- "(a) The third respondent will issue written summons to the petitioner for causing his appearance before him for 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.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.18804 of 2021 (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.

(d) If the case is purely civil in nature, the complaint has to be closed."

Sd/- Assistant Registrar (P&A) // 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 Commissioner of Police, Madurai City, Madurai.

2.The Assistant Commissioner of Police, Thideer Nagar Range, Madurai.

3.The Inspector of Police, S.S.Colony Police Station, Madurai District.

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

+1 CC to M/s.P.M. VISHNUVARTHANAN, Advocate ( SR-36570[F] dated 30/11/2021 ) Crl.O.P(MD)No.18804 of 2021 30.11.2021 NSN(CO) GC(10.12.2021) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2