Pragadambal v. Th State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Pragadambal ... Petitioner Vs.

1.State of Tamilnadu The Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, Alagappapuram Police Station, Sivagangai District.

3.Jeyakumari ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent not to harass the petitioner under the guise of enquiry without due process of law, on basis of the petitioner's complaint dated 21.10.2023.

For Petitioner : Mr.G.Hari Haran For R1 & R2 : Mr.P.Kottai Chamy Government Advocate (Crl. Side) 1/4

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 petitioner under the guise of enquiry without due process of law, based on the petitioner's complaint 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 and 2 would submit that the petitioner and her son had taken loan from the third respondent and not repaid the same and hence, the third respondent has lodged a complaint and on that basis, enquiry is pending in current paper.

3. Recording the same, the following directions are issued:- "(a) The second respondent will issue written summons to the petitioner and to the third respondent for causing their appearance before him for enquiry. There is no question of orally summoning the parties to the police station.

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(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 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, Sivagangai, Sivagangai District.

2.The Inspector of Police, Alagappapuram Police Station, Sivagangai District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 25.10.2024 4/4