Madras High CourtCRL OP(MD)/19228/2021disposed of

P. Mahalingam v. The Commissioner Of Police

2021-12-06Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19228 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19228 of 2021 P.Mahalingam ... Petitioner Vs.

1.The Commissioner of Police, Commissioner Office, Madurai City.

2.The Deputy Commissioner of Police, Deputy Commissioner Office, Thirupparankundram, Madurai District.

3.The Inspector of Police, Thirunagar Police Station, Madurai District.

4.Alagujothi 5.P.Murugeswari ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 1st respondent not to harass the petitioner under the guise of enquiry, in pursuance of the complaint dated not known given before the 2nd respondent.

For Petitioner : Mr.C.Prabakaran For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1 to R3.

O R D E R

The petitioner alleges harassment at the hands of the respondent police. To forbear them from doing so, this criminal original petition has been filed.

2.When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) submitted that the private respondents have given a complaint against the petitioner and that it is presently pending enquiry.

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

Crl.O.P(MD)No.19228 of 2021 3.In these circumstances, the following directions are issued:- (i) The petitioner will be summoned only by way of written summon. There is no question of orally summoning the petitioner.

(ii) The third respondent will conclude the enquiry on merits and in accordance with law within a period of two weeks after the appearance of the petitioner. (iii) If the matter is purely civil in nature, the third respondent will close the complaint.

(iv) If cognizable offence is made out and if the third respondent proposes to register any FIR, the petitioner will be given due notice. So that the petitioner will have breathing to move the concerned Court for the relief of anticipatory bail.

4.The criminal original petition is disposed of accordingly. Sd/- Assistant Registrar (AD II) // True Copy // / /2021 Sub Assistant Registrar(CS) ias 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, Commissioner Office,Madurai City.

2.The Deputy Commissioner of Police, Deputy Commissioner Office, Thirupparankundram, Madurai District.

3.The Inspector of Police, Thirunagar Police Station, Madurai District.

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

Crl.O.P(MD)No.19228 of 2021 06.12.2021 MGJ(17.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2