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Madras High CourtCRL OP(MD)/19224/2021disposed of

K.Ramkumar v. The Superintendent Of Police

2021-12-06Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN N.Ramkumar ... Petitioner Vs.

1.The Superintendant of Police, Dindigul, Dindigul District.

2.The Deputy Superintendant of Police, Oddanchathiram, 3.The Inspector of Police, Kallimandayam Police Station, 4.The Sub Inspector of Police, Kallimandayam Police Station, (Crime No.unknown of 2021) 5.Subramanian ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 3rd and 4th respondents police not to harass the petitioner without due process of law. For Petitioner : Mr.K.K.Samy For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1 to R4.

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 fifth 1/3

respondent has given a complaint against the petitioner and that it is presently pending enquiry.

3.In these circumstances, to protect the rights of the petitioner, 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 fourth 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 fourth respondent will close the complaint.

(iv) If cognizable offence is made out and if the fourth 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 (CS-III) // 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 Superintendant of Police, Dindigul, Dindigul District.

2.The Deputy Superintendant of Police, Oddanchathiram, 2/3

3.The Inspector of Police, Kallimandayam Police Station, 4.The Sub Inspector of Police, Kallimandayam Police Station, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.K.SAMY, Advocate ( SR-37575[F] dated 07/12/2021 ) 06.12.2021 RK(17/12/2021) 3P 7C 3/3