Madras High CourtCRL OP(MD)/20305/2021disposed of

K.Nagarajan v. The Superintendent Of Police

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

Crl.O.P(MD)No.20305 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.20305 of 2021 K.Nagarajan ... Petitioner Vs 1.State rep. by The Superintendent of Police, Sivagangai District, Sivagangai.

2.State rep. by The Inspector of Police, Sivagangai Town Police Station, Sivagangai.

3.R.V.Saravanan ... Respondents PRAYER: Petition filed under Section 482 Code of Criminal Procedure, to direct the second respondent and his officials not to harass the petitioner and his family members unnecesarily against law under the guise of enquiry on the basis of the petitioner's representation dated 14.12.2021 to the first respondent.

For Petitioner : Mr.M.Sridharan For R1 & R2 : Mr.Sakthi Kumar Government Advocate (Crl.side)

ORDER

The petitioner alleges harassment at the hands of the respondent police based on the complaint of the third respondent.

2. The learned Government Advocate (Crl. side) states that the enquiry into the third 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 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.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.20305 of 2021 (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-III) // 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, Sivagangai District, Sivagangai.

2.The Inspector of Police, Sivagangai Town Police Station, Sivagangai.

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

+1 CC to M/s.M.SRIDHARAN, Advocate ( SR-39845[F] dated 21/12/2021 ) Crl.O.P(MD)No.20305 of 2021 20.12.2021 SAR(CO) GC(04.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2