Madras High CourtCRL OP(MD)/20880/2021disposed of

M.Karuppasamy v. The Superintendent Of Police

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

Crl.O.P.(MD)No.20880 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.20880 of 2021 M.Karuppasamy ... Petitioner Vs.

1.The Superintendent of Police, Madurai.

2.The Inspector of Police, Peraiyur Police Station, Peraiyur Taluk, Madurai District.

3.Rajapandi, Sub-Inspector of Police, Peraiyur Police Station, Peraiyur Taluk, Madurai District.

... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C., to direct the third respondent not to harass the petitioner and not to interfere in civil dispute.

For Petitioner : Mr.D.Selvanayagam For Respondents : Mr.T.Senthil Kumar Additional Public Prosecutor for R.1 & R.2

ORDER

Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents 1 and 2.

2. The petitioner alleges harassment at the hands of the third respondent. He would also state that the third respondent is interfering in civil matters. Be that as it may, since a complaint has been received against the petitioner, the following directions are issued:

(a) If the respondent police propose to enquire the petitioner, he will be summoned only in writing. There is no question of orally summoning the petitioner;

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Crl.O.P.(MD)No.20880 of 2021 (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; and (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.

3. This Criminal Original Petition is disposed of, accordingly. Sd/- Assistant Registrar (Records) // 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, Madurai.

2.The Inspector of Police, Peraiyur Police Station, Peraiyur Taluk, Madurai District.

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

Crl.O.P.(MD)No.20880 of 2021 23.12.2021 NSN(CO) KB(07.01.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2