N.Ramanathan v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN 1.N.Ramanathan 2.N.Boominathan 3.N.Arumugam ... Petitioners Vs.

1.The Superintendent of Police, Office of Superintendent of Police, Sivagangai District.

2.Saravanan, The Inspector of Police, Devakottai Town Police Station, Devakottai, Sivagangai District.

3.Subramani, The Inspector of Police, Taluk Police Station, Devakottai, Sivagangai District.

4.Sathaya 5.Sasikala 6.Balakrishnan ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 2nd respondent and 3rd respondent not to interfere in civil disputes and not to harass the petitioners and their family members.

For Petitioners : Mr.M.Shakul Hameed For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1.

Mr.Kannan for R4.

O R D E R

This criminal original petition has been filed for forbearing the respondent police from harassing the petitioners under the guise of enquiry.

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2.When the matter was taken up for hearing, the learned counsel for the fourth respondent submitted that the fourth respondent has given a complaint against the petitioners and that it is pending enquiry. The learned counsel for the petitioners on the other hand would point out that O.S.No.196 of 2021 has been filed by the sixth respondent against the petitioners herein.

3.In these circumstances, the following directions are issued:- (i) The petitioners will be summoned only by way of written summon. There is no question of orally summoning the petitioners.

(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 petitioners. (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 petitioners will be given due notice. So that the petitioners 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 Superintendent of Police, Office of Superintendent of Police, Sivagangai District.

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2.The Inspector of Police, Devakottai Town Police Station, Devakottai, Sivagangai District.

3.3.The Additional Public Prosecutore, Madurai Bench of Madras High Court, Madurai.

+2 CC to M/s.M.SHAKUL HAMEED, Advocate ( SR-38000[F] dated 09/12/2021 ) 08.12.2021 RD(21.12.2021) 3P 6C 3/3