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Madras High CourtCRL OP(MD)/19704/2021disposed of

Sudalaimani v. The Superintendent Of Police

2021-12-15Honourable Mr Justice G.R.Swaminathan2 pages

1 CRL.O.P.(MD)NO.19704 OF 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.19704 of 2021

1. Sudalaimani

2. Ragupathirajan ... Petitioners Vs.

State rep. By its

1. The Superintendent of Police, District police office, Samathanapuram, Tirunelveli District.

2. The Deputy Superintendent of Police, Anti Land Grabbing Cell, Tirunelveli District.

3. The Inspector of Police, Anti Land Grabbing Cell, Tirunelveli District.

4. Shanmugavel ... Respondents Prayer: Criminal Original petition is filed under Section 482 of Cr.P.C, to direct the third respondent not to harass the petitioners without following due process of law. For Petitioners : Mr.C.Susi Kumar For R-1 to R-3 : Mr.M.Sakthi Kumar, Government Advocate.

O R D E R

Heard the learned counsel appearing for the petitioners and the learned Government Advocate appearing for respondents 1 to 3.

2. It appears that a complaint has been received from the fourth respondent and that it 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 third respondent will conclude the enquiry on merits and in accordance with law within a period of https://hcservices.ecourts.gov.in/hcservices/ 1/2

2 CRL.O.P.(MD)NO.19704 OF 2021 two weeks after the appearance of the petitioners. (iii) If the matter is purely civil in nature, the third respondent will close the complaint.

(iv) If cognizable offence is made out and if the third 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-III) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU 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, District police office, Samathanapuram, Tirunelveli District.

2. The Deputy Superintendent of Police, Anti Land Grabbing Cell, Tirunelveli District.

3. The Inspector of Police, Anti Land Grabbing Cell, Tirunelveli District.

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

Crl.O.P.(MD)No.19704 of 2021 15.12.2021 NSN(CO) KB(30.12.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2