Madras High CourtCRL OP(MD)/19215/2021disposed of

Mohamed Yakub v. The Superintenden Of Police

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

Crl.O.P(MD)No.19215 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.19215 of 2021 Mohamed Yakub ... Petitioner Vs.

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

2.The Inspector of Police, Muthukulathur Police Station, Ramanathapuram District.

3.Balamurugan ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 1st and 2nd respondents not to harass the petitioner in the guise of enquiry based on the false complaint given by the 3rd respondent.

For Petitioner : Mr.A.Arputharaj For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1 & R2.

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 it is the petitioner, who has given a complaint against the third respondent but then, the third respondent has also given a complaint against the petitioner. 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.

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

Crl.O.P(MD)No.19215 of 2021 (ii) The second 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 second respondent will close the complaint.

(iv) If cognizable offence is made out and if the second 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-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 Superintendant of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Muthukulathur Police Station, Ramanathapuram District.

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

Crl.O.P(MD)No.19215 of 2021 06.12.2021 TR(17.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2