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Madras High CourtCRL OP(MD)/21833/2022closed

A.Livingson Silva v. The Additional Superintendent Of Police

2024-02-15Honourable Mr Justice M.Dhandapani4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE M.DHANDAPANI Crl.O.P.(MD) No.21833 of 2022 A.Livingson Silva ... Petitioner Vs.

1.The Additional Superintendent of Police, Nanguneri Region, Nanguneri, Tirunelveli District.

2.The Sub-Inspector of Police, Thirukurungudi Police Station, Tirunelveli District.

3.Swarnabhai ...Respondents PRAYER: Criminal Original Petition is filed under Section 482 of Cr.P.C, to direct the second respondent not to harass the petitioner and his family repeatedly and frequently on the basis of the alleged complaint lodged by the third respondent.

For petitioner : Mr.S.Palani Velayutham For R1 and R2 : Mr.S.Manikandan Government Advocate (Crl.side) 1/4

O RDER This petition has been filed to direct the second respondent not to harass the petitioner and his family members, under the guise of enquiry except due process of law.

2. Heard the learned counsel for the petitioner, learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 and perused the materials placed on record.

3. It is represented by the learned Government Advocate (Crl.side) appearing for the respondents 1 and 2 that, on the complaint lodged by the third respondent, against the petitioner herein, petition enquiry is pending.

4. The petitioner is directed to participate in the enquiry and during enquiry, he shall not be harassed. During the course of enquiry, if any cognizable offence is made out, the respondent Police is free to register an FIR and this order shall not be a shield for the petitioner against arrest.

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5. With the above direction, this Criminal Original Petition is disposed of.

15.02.2024 Index : Yes/No Internet : Yes/No ssb To 1.The Additional Superintendent of Police, Nanguneri Region, Nanguneri, Tirunelveli District.

2.The Sub-Inspector of Police, Thirukurungudi Police Station, Tirunelveli District.

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

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M.DHANDAPANI. J.

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