Madras High CourtCRL OP(MD)/19768/2021disposed of

S.Shanmugam v. The Superintendent Of Police

2021-12-13Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN 1.S.Shanmugam 2.S.Selvakumar ... Petitioners Vs.

1.The Superintendant of Police, Thanjavur District.

2.The Commissioner of Police, Thiruchirapalli District.

3.The Assistant Commissioner of Police, District Crime Branch, Heber Road, Beema Nagar, Thiruchirapalli, Thiruchirapalli District.

4.The Inspector of Police, Land Grabbing Wing, Thanjavur District.

5.The Inspector of Police Thanjavur West Police Station, Thanjavur District.

6.The Inspector of Police, Papanasam Police Station, Thanjavur District.

7.Guhan 8.Jegadesh ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 1st and 2nd respondents to instruct the respondents 3 to 6 not to harass the petitioners in the name of enquiry.

For Petitioners : Mr.R.Rajaraman For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side) for R1 to R6.

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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 sixth 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 sixth respondent will close the complaint.

(iv) If cognizable offence is made out and if the sixth 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 (AS) // 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.

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To:

1.The Superintendant of Police, Thanjavur District.

2.The Commissioner of Police, Thiruchirapalli City.

3.The Assistant Commissioner of Police, District Crime Branch, Heber Road, Beema Nagar, Thiruchirapalli, Thiruchirapalli District.

4.The Inspector of Police, Land Grabbing Wing, Thanjavur District.

5.The Inspector of Police Thanjavur West Police Station, Thanjavur District.

6.The Inspector of Police, Papanasam Police Station, Thanjavur District.

Copy to The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai +1 CC to M/s.R.RAJARAMAN, Advocate ( SR-38436[F] dated 13/12/2021 ) 13.12.2021 MMS(CO) KB(24.12.2021) 3P 9C 3/3