B.Jeya Prabavathi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.B.Jeya Prabavathi 2.Balamurugan ... Petitioners Vs.

1.The Commissioner of Police, O/o. Commissioner of Police, Alagarkoil Main Road, Madurai District.

2.The Inspector of Police, CCB Police Station, Horse Police Kudirupu Valaam, Bharathi Store Opposite, Viswanathapuram, Madurai 625 014.

3.B.Kalaivani ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent not to harass the petitioners and their family members.

For Petitioners : Mr.S.Balasubramanian 1/4

For R1 & R2 : Mr.P.Kottai Chamy Government Advocate (Crl. Side)

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders, to direct the second respondent not to harass the petitioners and their family members.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the State.

3. The learned Government Advocate (Criminal Side) appearing for the State would submit that on the basis of the complaint given by the third respondent, enquiry is pending in current paper.

4. Recording the submission made by the learned Government Advocate (Criminal Side) and taking into account the overall facts and circumstances, the following directions are issued:- "(a) The second respondent will issue written summons to the petitioner and to the private respondent for causing their appearance before him for enquiry. 2/4

There is no question of orally summoning the parties to the police station.

(b) The second respondent will conclude the enquiry within a period of two weeks 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 second respondent proposes to register any FIR, the petitioner 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."

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

14.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No das 3/4

K.MURALI SHANKAR,J.

das To 1.The Commissioner of Police, O/o. Commissioner of Police, Alagarkoil Main Road, Madurai District.

2.The Inspector of Police, CCB Police Station, Horse Police Kudirupu Valaam, Bharathi Store Opposite, Viswanathapuram, Madurai 625 014.

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

Order made in Dated: 14.10.2024 4/4