Madras High CourtCRL OP(MD)/19578/2021disposed of

M.Mugamathu v. The Commissioner Of Police

2022-02-04Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.19578 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2022 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.19578 of 2021 1.M.Mugamathu 2.Suleha Beevi ... Petitioners Vs.

1.The Commissioner of Police, Madurai City, Madurai District.

2.The Inspector of Police, K.Pudur Police Station, Madurai District.

3.Saravanakumar 4.A.Murugesan ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 2nd respondent police herein not to harass the petitioners and their family members under the guise of enquiry and not to interfere in civil dispute.

For Petitioners : Mr.S.Prasanth 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 private respondents have 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 respondent police 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 respondent police will close the complaint.

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Crl.O.P(MD)No.19578 of 2021 (iv) If cognizable offence is made out and if the respondent police proposes to register any FIR, the petitioners will be given due notice. So that the petitioners will have breathing time to move the concerned Court for the relief of anticipatory bail. 4.The criminal original petition is disposed of accordingly. Sd/- Assistant Registrar (CA & MC) // True Copy // / /2022 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 Commissioner of Police, Madurai City, Madurai District.

2.The Inspector of Police, K.Pudur Police Station, Madurai District.

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

Crl.O.P(MD)No.19578 of 2021 04.02.2022 SS/07.03.2022 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2