Madras High CourtCRL OP(MD)/20711/2021disposed of

K.S.Rajashanmugavel v. The Assistant Commissioner Of Police

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

Crl.O.P(MD)No.20711 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.20711 of 2021 K.S.Rajashanmugavel ... Petitioner Vs.

State represented by The Assistant Commissioner of Police, City Crime Branch, Trichy City, Trichy.

... Respondent Prayer: This Criminal Original Petition is filed under Section 482 of Cr.P.C., to direct the respondent not to harass the petitioner under the guise of enquiry without due process of law. For Petitioner : Mr.M.Pitchai Muthu For Respondent : 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 enquiry is presently pending.

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 respondent police will conclude the enquiry on merits and in accordance with law within a period of two weeks after the appearance of the petitioner. (iii) If the matter is purely civil in nature, the respondent police will close the complaint.

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Crl.O.P(MD)No.20711 of 2021 (iv) If cognizable offence is made out and if the respondent police proposes to register any FIR, the petitioner will be given due notice. So that the petitioner will have breathing time 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 Assistant Commissioner of Police, City Crime Branch, Trichy City, Trichy.

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

Crl.O.P(MD)No.20711 of 2021 23.12.2021 RD(10.01.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2