Madras High CourtCRL OP(MD)/20408/2021disposed of

Balaji Muthumani v. The Superintendent Of Police

2021-12-21Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.20408 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.20408 of 2021 Balaji Muthumani ... Petitioner/Accused Vs.

1.State represented by The Superintendent of Police, Thanjavur District.

2.State through The Inspector of Police, All Women Police Station, Papanasam, Thanjavur District.

... Respondents/ Complainant (Crime No. Not Known) Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the 2nd respondent not to harass the petitioner under the guise of enquiry.

For Petitioner : Mr.S.Mahashanmugam For Respondents : Mr.M.Sakthi Kumar, Govt. Advocate (Crl. Side).

O R D E R

The petitioner alleges harassment at the hands of the respondent police. To forbear them from doing so, this criminal original petition has been filed.

2.When the matter was taken up for hearing, the learned Government Advocate (Crl. Side) submitted that the wife of the petitioner has given a complaint against the petitioner and that is presently pending enquiry.

3.In these circumstances, the following directions are issued:- (i) The petitioner will be summoned only by way of written summon. There is no question of orally summoning the petitioner.

(ii) The second respondent will conclude the enquiry on merits and in accordance with law within a period of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P(MD)No.20408 of 2021 two weeks after the appearance of the petitioner. (iii) If the matter is purely civil in nature, the second respondent will close the complaint.

(iv) If cognizable offence is made out and if the second respondent proposes to register any FIR, the petitioner will be given due notice. So that the petitioner will have breathing to move the concerned Court for the relief of anticipatory bail.

4.The criminal original petition is disposed of accordingly. Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) ias 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, Thanjavur District.

2.The Inspector of Police, All Women Police Station, Papanasam, Thanjavur District.

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

Crl.O.P(MD)No.20408 of 2021 21.12.2021 RD(4.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2