Marieswaran v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.Marieswaran 2.Muneeswari 3.Pandiselvi ... Petitioners Vs.

1.The Superintendent of Police, Kovilpatti, Thoothukudi District.

2.The Inspector of Police, Kovilpatti East Police Station, Kovilpatti, Thoothukudi District.

3.Lakshmi ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents 1 and 2 not to harass the petitioners under the guise of investigation regarding the complaint given by the third respondent.

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For Petitioners : Mr.R.Jagadeeshwaran For R1 & R2 : Mr.P.Kottai Chamy Government Advocate (Crl. Side)

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the respondents 1 and 2 not to harass the petitioners under the guise of investigation regarding the complaint given by the third respondent.

2. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that on the basis of the complaint given by the third respondent, CSR No.1185 of 2024 came to be registered and is pending for enquiry.

3. The learned counsel appearing for the petitioners would submit that though the petitioners 1 and 2 had already appeared before the concerned police, they have been harassing the petitioners continuously.

4. Considering the above, the following directions are issued:- "(a) The second respondent will issue written summons to the petitioners and to the private respondent 2/4

for causing their appearance before him for enquiry. There is no question of orally summoning the parties to the police station.

(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 petitioners will be given notice of the same so that the petitioners will have breathing time to move the concerned Court for the relief of anticipatory bail."

5. 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, Kovilpatti, Thoothukudi District.

2.The Inspector of Police, Kovilpatti East Police Station, Kovilpatti, Thoothukudi 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