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Madras High CourtCRL OP(MD)/18443/2024disposed of

Anganar v. The Superintendent Of Police

2024-10-25Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.Anganar 2.Ahila 3.Karthigadevi 4.Chandrakumar 5.Dhanalakshmi ... Petitioners Vs.

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

2.The Inspector of Police, Nathama Police Station, Dindigul District.

3.The Inspector of Police, District Crime Branch-II, Office of Superintendent of Police, Dindigul District.

... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents 2 and 3 not to harass the petitioners mentally and physically in the guise of enquiry.

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For Petitioners : Mr.A.Jayachandran For Respondents : 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 respondents 2 and 3 not to harass the petitioners mentally and physically in the guise of enquiry.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents would submit that on the basis of the complaint given by one Kokila, who is the daughter of the first petitioner, against her parents and others, enquiry is pending in current paper before the respondents 2 and 3.

3. The learned counsel appearing for the petitioners would submit that in pursuance of the same, they have appeared before the second respondent twice but subsequently the third respondent has directed the petitioners to appear. He would further submit that the first petitioner is aged 86 years and the petitioners 2 and 4 are aged 58 years. 2/4

4. Considering the above, since similar complaints are pending before the respondents 2 and 3, the second respondent is directed to forward the complaint pending before him to the third respondent and on receipt of the same, "(a) The third respondent will issue written summons to the petitioners and to the said Kokila 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 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 third respondent proposes to register any FIR, the petitioners will be given notice of the same so that the petitioners 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.

25.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Nathama Police Station, Dindigul District.

3.The Inspector of Police, District Crime Branch-II, Office of Superintendent of Police, Dindigul District.

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

Order made in Dated: 25.10.2024 4/4