Madras High CourtCRL OP(MD)/18462/2024disposed of

Mani v. The State Of Tamilnadu Rep. By

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 Mani ... Petitioner Vs.

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

2.The State of Tamilnadu The Inspector of Police, Valliyoor Police Station, Valliyoor, Tirunelveli District.

3.The Inspector of Police, Eruvadi Police Station, Eruvadi, Tirunelveli District.

4.Muruthuladevi ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents 2 and 3 not to harass the petitioner under guise of enquiry consequently direct the respondents 2 and 3 not to interfere in the civil dispute based on the petitioner's representation dated 21.10.2024.

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For Petitioner : Mr.S.Gokul Raj For R1 to R3 : 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 petitioner under the guise of enquiry and consequently direct the respondents 2 and 3 not to interfere in the civil dispute based on the petitioner's representation dated 21.10.2024.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents 1 to 3 would submit that on the basis of the complaint given by the fourth respondent, enquiry is pending in current papers before the respondents 2 and 3.

3. Since similar complaints are pending before the respondents 2 and 3, the third respondent is directed to forward the complaint pending before him to the second respondent and on receipt of the same, 2/4

"(a) The second respondent will issue written summons to the petitioner and to the fourth respondent for causing their appearance before him for enquiry. 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."

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 To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

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K.MURALI SHANKAR,J.

csm 2.The Inspector of Police, Valliyoor Police Station, Valliyoor, Tirunelveli District.

3.The Inspector of Police, Eruvadi Police Station, Eruvadi, Tirunelveli District.

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

Order made in Dated: 25.10.2024 4/4