Madras High CourtCRL OP(MD)/19346/2021disposed of

Vijayakumar v. The Commissioner Of Police

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

Crl.O.P.(MD)No.19346 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.19346 of 2021 Vijayakumar ... Petitioner Vs 1.State represented through, The Commissioner of Police, Thiruchirappalli City, Thiruchirappalli.

2.The Inspector of Police, K.K.Nagar Crime Police Station, Thiruchirappalli.

3.Antony ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the second respondent not to harass the petitioner under the guise of enquiry by interfering in the civil dispute. For Petitioner : Mr.T.P.Balasubramanian 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 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 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.

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Crl.O.P.(MD)No.19346 of 2021 (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 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 I) // 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 Commissioner of Police, Thiruchirappalli City, Thiruchirappalli.

2.The Inspector of Police, K.K.Nagar Crime Police Station, Thiruchirappalli.

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

Crl.O.P(MD)No.19346 of 2021 07.12.2021 MGJ(17.12.2021) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2