Madras High CourtCRL OP(MD)/20239/2021disposed of

Esakkiammal v. The Superintendent Of Police

2021-12-20Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.20239 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.20239 of 2021 1.Esakkiammal 2.Perumal ... Petitioners Vs 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Deputy Superintendent of Police, Anti Land Grabbing Police Station, Tirunelveli, Tirunelveli District.

3.The Inspector of Police, Anti Land Grabbing Police Station, Tirunelveli, Tirunelveli District.

4.Perumal ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the respondents 2 and 3 not to harass the petitioners by threatening them to cancel the sale agreement dated 18.02.2021 executed by the petitioners and the second respondent and to pay huge sum to the second respondent thereby interfering in the civil matter.

For Petitioner : Mr.S.R.Anbarasu For R1 to R3 : Mr.Sakthi Kumar Government Advocate (Crl.side)

ORDER

The petitioners allege harassment at the hands of the respondent police based on the complaint of the fourth respondent.

2. The learned Government Advocate (Crl. side) states that the enquiry into the fourth respondent's complaint is still pending.

3. In these circumstances, this Criminal Original Petition is disposed of with the following directions:- "(a) The respondent police will issue written summons to the petitioners for causing their 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 https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.20239 of 2021 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 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.

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

Sd/- Assistant Registrar (Records) // 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, Tirunelveli District,Tirunelveli.

2.The Deputy Superintendent of Police, Anti Land Grabbing Police Station, Tirunelveli, Tirunelveli District.

3.The Inspector of Police, Anti Land Grabbing Police Station, Tirunelveli, Tirunelveli District.

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

Crl.O.P(MD)No.20239 of 2021 20.12.2021 NSN(CO) KB(05.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2