Madras High CourtCRL OP(MD)/19469/2021disposed of

P. Paneeselvam v. The Superintendent Of Police

2021-12-09Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19469 of 2021 1.P.Paneerselvam 2.K.Naveenchandar ... Petitioners Vs 1.The Superintendent of Police, O/o. Superintendent of Police, Alagar Koil Main Road, Madurai District, 2.The Deputy Superintendent of Police, O/o. Superintendent of Police, Alagar Koil Main Road, Madurai District, 3.K.Muthukumar ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondents 1 and 2 not to interfere in the civil dispute without serving notice under Section 41 A of Cr.P.C. For Petitioners : Mr.T.Lajapathi Roy 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 respondent police based on the complaint of the third respondent. To forbear the respondent police 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 1/3

following directions are issued:- "(a) The respondent police will issue written 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 respondent police 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 respondent police 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-II) // 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, O/o. Superintendent of Police, Alagar Koil Main Road, Madurai District, 2.The Deputy Superintendent of Police, O/o. Superintendent of Police, Alagar Koil Main Road, Madurai District, 2/3

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, +1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-38140[F] dated 10/12/2021 ) Crl.O.P(MD)No.19469 of 2021 09.12.2021 RD(21.12.2021) 3P 5C 3/3