Madras High CourtCRL OP(MD)/20057/2021disposed of

Mahalingam v. The Superintendent Of Police

2021-12-16Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.20057 of 2021 Mahalingam ... Petitioner Vs 1.State of Tamilnadu rep. by the Superintendent of Police, Madurai District, 2.The Additional Superintendent of Police, Office of the District Superintendent of Police, Madurai District, 3.The Inspector of Police, Crime against Women, Special Wing (CAW) Office of the District Superintendent of Police, Madurai District, 4.The Inspector of Police, Keezhavalavu Police Station, 5.R.Vaijeyanthimala ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondents 2 & 3 not to harass the petitioner and his family members on the guise of enquiry on the alleged complaint given by the fifth respondent by interfering into the prematrimonial issues. For Petitioner : Mr.P.M.Vishnuvarthanan For R1 to R4 : Mr.M.Sakthi Kumar Government Advocate (Crl.side)

ORDER

The petitioner alleges harassment at the hands of the respondent police.

2. The learned Government Advocate (Crl. side) states that the enquiry is still pending.

3. In these circumstances, this Criminal Original Petition is disposed of with the following directions:- 1/3

"(a) The respondent police will issue written summons to the petitioner for causing his appearance before him for enquiry. There is no question of orally summoning the petitioner to the police station. (b) The respondent police 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 respondent police 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.

(d) If the case is purely civil in nature, the complaint has to be closed."

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) rmi 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, Madurai District, 2.The Additional Superintendent of Police, Office of the District Superintendent of Police, Madurai District, 3.The Inspector of Police, Crime against Women, Special Wing (CAW) Office of the District Superintendent of Police, Madurai District, 2/3

4.The Inspector of Police, Keezhavalavu Police Station, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Crl.O.P(MD)No.20057 of 2021 16.12.2021 RK(04/01/2022) 3P/6C 3/3