Madras High CourtCRL OP(MD)/20509/2021disposed of

Mani v. The Inspector Of Police

2021-12-22Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P(MD)No.20509 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.12.2021 CORAM :

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P(MD)No.20509 of 2021 and Crl.M.P.(MD)No.11689 of 2021 Mani ... Petitioner Vs.

State rep by its 1.The Inspector of Police, Anti Land Grabbing Cell, Tirunelveli District.

2.Shanmugavel ... Respondents Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to call for the records relating to the impugned summon issued under Sections 91 and 160 of CrPC dated 24.11.2021 on the file of the 1st respondent and quash the same. For Petitioner : Mr.R.Mageswaran For Mr.C.Susi Kumar For Respondents : Mr.T.Senthil Kumar, Addl. Public Prosecutor for R1.

O R D E R

Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the first respondent. 2.The petitioner challenges the issuance of the impugned summon on the ground that without registering any FIR, the petitioner cannot be summoned. In this regard, the learned counsel for the petitioner places reliance on the earlier orders passed by this Court. It is seen that summon has been issued only under Section 160 of CrPC. The said provision enables the police officer to require attendance of the witness. The petitioner apprehends that he may be made an accused. If the first respondent has any such proposal, the petitioner will be duly notified in advance so that the petitioner will have time to move the concerned Court for the relief of anticipatory bail.

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Crl.O.P(MD)No.20509 of 2021 3.This criminal original petition is disposed of accordingly. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (P&A) // True Copy // / /2021 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 Inspector of Police, Anti Land Grabbing Cell, Tirunelveli District.

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

Crl.O.P(MD)No.20509 of 2021 22.12.2021 RD(23.12.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2