Madras High CourtCRL OP(MD)/18993/2021disposed of

M.Periya Perumal v. The Superintendent Of Police

2021-12-02Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.18993 of 2021 M.Periya Perumal ... Petitioner Vs 1.The Superintendent of Police, Anti-land Grabbing Special Cell, Madurai Division, 2.The Inspector of Police, Anti Land Grabbing Special Cell, Madurai City.

3.Marimuthu 4.J.Shanthi 5.K.Renu ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the second respondent not to harass the petitioner on the guise of enquiry in pursuance of the complaint lodged by the fifth respondent.

For Petitioner : Mr.V.Raghavachari For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl.)

ORDER

Heard the learned counsel for the petitioner and the learned Government Advocate for R1 & R2.

2. The petitioner alleges harassment at the hands of the respondent police. To forbear them from doing so, this Criminal Original Petition has been filed.

3. When the matter was taken up for hearing, the learned Government Advocate (Crl.) submitted that the third respondent has given a complaint against the petitioner and that it is pending enquiry before the second respondent.

4. The petitioner undertakes to appear before the second respondent on 07.12.2021 at 11.00 a.m., and co-operate with the enquiry.

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5. In these circumstances, in the interest of justice, the following directions are issued:- "(a) The second 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 second 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 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.

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

6. With these directions, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar (AE) // 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, Anti-land Grabbing Special Cell, Madurai Division, 2.The Inspector of Police, Anti Land Grabbing Special Cell, Madurai City.

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3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, +1 CC to M/s.V.RAGHAVACHARI, Advocate ( SR-37247[F] dated 03/12/2021 ) Crl.O.P(MD)No.18993 of 2021 02.12.2021 RK(14/12/2021) 3P 5C 3/4