Madras High CourtCRL OP(MD)/16118/2024disposed of

Davamani v. The State Of Tamilnadu

2024-09-25Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Davamani ... Petitioner Vs.

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

2.The Inspector of Police, Perungudi Police Station, Madurai District.

3.Alice Mery Breeta ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent police not to harass the petitioner under the guise of enquiry based on the petitioner's representation dated 17.09.2024.

For Petitioner : Mr.D.S.Haroon Rasheed For R1 & R2 : Mr.P.Kottai Chamy Government Advocate (Crl. Side) For R3 : Mr.R.Vinoth Kumar 1/4

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the second respondent police not to harass the petitioner under the guise of enquiry based on the petitioner's representation dated 17.09.2024.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that there existed some dispute between the petitioner and the third respondent and that on the basis of the complaint given by the third respondent, CSR No.247 of 2024 came to be registered and is pending for enquiry.

3. Recording the same, the following directions are issued:- "(a) The second respondent will issue written summons to the petitioner and to the third respondent for causing their appearance before him for enquiry. There is no question of orally summoning the parties to the police station.

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(b) The second respondent will conclude the enquiry within a period of two weeks from the date of receipt of a copy of this order.

(c) If at the end of the enquiry, cognizable offence is made out and the second respondent proposes to register any FIR, the petitioner will be given notice of the same so that the petitioner will have breathing time to move the concerned Court for the relief of anticipatory bail."

4. With the above directions, this Criminal Original Petition stands disposed of.

25.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Superintendent of Police, Office of Superintendent of Police, Madurai District.

2.The Inspector of Police, Perungudi Police Station, Madurai District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 25.09.2024 4/4