Madras High CourtCRL OP(MD)/20592/2021disposed of

S.Ravichandran v. The Superintendent Of Police

2021-12-23Honourable Mr Justice G.R.Swaminathan2 pages

Crl.O.P.(MD)No.20592 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Crl.O.P.(MD)No.20592 of 2021 S.Ravichandran ... Petitioner Vs.

1.The Superintendent of Police, Sivagangai District.

2.The Inspector of Police, District Crime Branch, Sivagangai District.

3.The Inspector of Police, Devakottai Police Station, Sivagangai District.

4.A.Kannan ... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the respondents 1 and 2 not to harass him under the guise of holding an enquiry.

For Petitioner : Mr.R.Anand For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor for R.1 to R.3

ORDER

The petitioner alleges harassment at the hands of the respondent police. To forebear them from doing so, this Criminal Original Petition has been filed. When the matter was taken up for hearing, the learned Additional Public Prosecutor submitted that the fourth respondent has given a complaint against the petitioner and that it is pending enquiry. In these circumstances, in the interest of justice, the following directions are issued:- (a) If the respondent police propose to enquire the petitioner, they will be summoned only in writing. There is no question of orally summoning the petitioners.

(b) After the petitioner appears before the jurisdictional police, enquiry will be conducted and concluded within a period of two weeks thereafter.

(c) If the jurisdictional police come to the conclusion that the issue is purely civil in nature, the complaint shall be closed. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD)No.20592 of 2021 (d) If the police come to the conclusion that cognizable offence is made out against the petitioner, an FIR can be registered but the petitioner will be given due notice of the same so that they will have breathing time to move the concerned Court for the relief of anticipatory bail.

2. This Criminal Original Petition is disposed of accordingly. Sd/- Assistant Registrar (CS III) // True Copy // / /2022 Sub Assistant Registrar(CS) mga 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.

2.The Inspector of Police, District Crime Branch, Sivagangai District.

3.The Inspector of Police, Devakottai Police Station, Sivagangai District.

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

Crl.O.P.(MD)No.20592 of 2021 23.12.2021 MGJ(10.01.2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2