Madras High CourtCRL OP(MD)/19560/2021disposed of

Manikandan v. The Superintendent Of Police

2021-12-10Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19560 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19560 of 2021 1.Manikandan 2.Subramanian ... Petitioners Vs.

1.The Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendant of Police, Land Grabbing Cell, Madurai District.

3.Manojkumar ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 2nd respondent not to harass the petitioners in the guise of enquiry.

For Petitioners : Mr.K.Pandiarajan For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1 & R2.

O R D E R

The petitioners allege 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 the third respondent has given a complaint against the petitioners and that is presently pending enquiry.

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

Crl.O.P(MD)No.19560 of 2021 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 (T&P) // 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, Madurai District, Madurai.

2.The Deputy Superintendant of Police, Land Grabbing Cell, Madurai District.

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

+1 CC to M/s.K.PANDIYARAJAN, Advocate ( SR-38204[F] dated 10/12/2021 ) Crl.O.P(MD)No.19560 of 2021 10.12.2021 RD(20.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2