Madras High CourtCRL OP(MD)/19297/2021disposed of

Jeyalakshmi v. The Superintendent Of Police

2021-12-07Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.19297 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19297 of 2021 1.Jeyalakshmi 2.Chinnammal ... Petitioners Vs 1.The State represented by The Superintendent of Police, Madurai District, Madurai.

2.The Inspector of Police, Kottampatti Police Station, Madurai District.

3.Sekku ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the second respondent not to harass the petitioners and not to interfere into the civil dispute which is pending in O.S.No.134 of 2013 on the file of the learned District Munsif, Melur, Madurai District between the petitioners and the third respondent.

For Petitioners : Mr.S.Balaji For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl.)

ORDER

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

2. The petitioner alleges harassment at the hands of the second respondent based on the complaint of the third respondent. To forbear the second respondent 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 enquiry into the complaint of the third respondent is still pending.

4. In these circumstances, in the interest of justice, the following directions are issued:- "(a) The second respondent will issue written https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.19297 of 2021 summons to the petitioners for causing their appearance before him for enquiry. There is no question of orally summoning the petitioners 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 petitioners will be given notice of the same so that the petitioners 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."

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

Sd/- Assistant Registrar (CS III) // 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, Madurai District, Madurai.

2.The Inspector of Police, Kottampatti Police Station, Madurai District.

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

Crl.O.P(MD)No.19297 of 2021 07.12.2021 SAR(CO) SB(17.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2