Karthikeyan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.Karthikeyan 2.Ganesaperumal 3.Jeyalakshmi 4.Elakkiya 5.Amirtharaj ... Petitioners Vs.

1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Deputy Superintendent of Police, Pattukottai, Thanjvur District.

3.The Inspector of Police, All Women Police Station, Pattukottai Police Station, Thanjavur District.

4.Jegajothi ... Respondents 1/4

PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the third respondent police not to harass the petitioners in the guise of enquiry.

For Petitioner : Mr.M.R.Sreenivasan, for Mr.P.Balamurugan.

For Respondents : Mr.P.Kottai Chamy Government Advocate (Crl. Side) for R1 to R3.

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders, to direct the third respondent police not to harass the petitioners in the guise of enquiry.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the State would submit that there existed matrimonial dispute between the first petitioner and the fourth respondent and on the basis of the complaint given by the fourth respondent, CSR.No.280 of 2024 came to be registered and enquiry is pending.

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3. Recording the submission made by the learned Government Advocate (Criminal Side) and also taking into account the overall facts and circumstances, the following directions are issued:- "(a) The third respondent will issue written summons to the petitioners and to the private respondent for causing their appearance before him for enquiry. There is no question of orally summoning the parties to the police station.

(b) The third respondent will conclude the enquiry within a period of ten days from the date of receipt of a copy of this order.

(c) If at the end of the enquiry, cognizable offence is made out and the third respondent proposes to register any FIR, the petitioners will be given notice of the same so that the petitioner will have breathing time to move the concerned Court for the relief of anticipatory bail."

4. With the above directions, this Criminal Original Petition stands disposed of.

03.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No das 3/4

K.MURALI SHANKAR,J.

DAS To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Deputy Superintendent of Police, Pattukottai, Thanjvur District.

3.The Inspector of Police, All Women Police Station, Pattukottai Police Station, Thanjavur District.

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

Order made in Dated: 03.10.2024 4/4