Madras High CourtCRL OP(MD)/19933/2021disposed of

P.Pitchaikkannu v. The Commissioner Of Police

2021-12-22Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN P.Pitchaikkannu ... Petitioner/ Aggrieved Person Vs.

1.The Commissioner of Police, 2.The Inspector of Police, All Women Police Station, Palayamkottai, 3.B.Sangeetha 4.The Inspector of Police, Perumalpuram Police Station, (R.4- Suo motu impleaded as per order of this Court dated 15.12.2021 in Crl.O.P.(MD)No.19933 of 2021) ... Respondents/ Respondents Prayer : Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the Inspector of Police, All Women Police Station, Palayamkottai, Tirunelveli City, the second respondent herein not to harass the petitioner in the name of holding an enquiry on a complaint given by the third respondent. For Petitioner : Mr.R.Anand For Respondents : Mr.M.Sakthi Kumar Government Advocate (Criminal Side) for R.1,R.2 & R.4

ORDER

The petitioner and the third respondent are husband and wife. The third respondent has given a complaint before the second respondent as well as the fourth respondent. According to the petitioner, the third respondent has given a complaint before the 1/3

second respondent as well as the fourth respondent. The learned Government Advocate (Criminal Side) would further assert that the complaint against the petitioner is pending only before the fourth respondent.

2. Be that as it may, whether it is second respondent or fourth respondent, they can not orally summon the petitioner and they can only summon in writing. After the commencement of the enquiry, it shall be concluded within two weeks thereafter.

3. In these circumstances, in the interest of justice, the following directions are issued:

(a) If the jurisdictional police come to the conclusion that the issue is purely civil in nature, the complaint shall be closed; and (b) If the police come to the conclusion that cognizable offence is made out against the petitioner, an FIR can be registered, but, the petitioner will be given due notice of the same, so that, they will have breathing time to move the concerned Court for the relief of anticipatory bail.

4. This Writ Petition is disposed of, accordingly. No costs. Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) mga 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, 2.The Inspector of Police, All Women Police Station, Palayamkottai, 2/3

3.The Inspector of Police, Perumalpuram Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

22.12.2021 RK(07/01/2021) 3P 5C 3/3