P.Manikandan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.10.2024

CORAM

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

1.The State of Tamil Nadu rep.by The District Superintendent of Police, O/o.The District Superintendent of Police, Dindigul, Dindigul District.

2.The Sub-Inspector of Police, Natham Police Station, Dindigul District.

3.Narayanan ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent police not to harass the petitioner without any legally sustainable complaint.

For Petitioner : Mr.D.Balamurugapandi For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor, for R1 and R2.

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ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders, to direct the second respondent police not to harass the petitioner without any legally sustainable complaint.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the State.

3. When the matter is taken up for hearing today, the learned Additional Public Prosecutor appearing for the State would submit that there existed money dispute between the petitioner and the third respondent and on the basis of the complaint given by the third respondent, enquiry is pending.

4. Recording the submission made by the learned Additional Public Prosecutor 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 2/4

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 petitioners will have breathing time to move the concerned Court for the relief of anticipatory bail."

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

28.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No das 3/4

K.MURALI SHANKAR,J.

das To 1.The District Superintendent of Police, O/o.The District Superintendent of Police, Dindigul, Dindigul District.

2.The Sub-Inspector of Police, Natham Police Station, Dindigul District.

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

Order made in Dated: 28.10.2024 4/4