Madras High CourtCRL OP(MD)/22137/2022disposed of

Dr.T.Selva Mahesh v. The Superintendent Of Police

2023-01-04Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.01.2023

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.Dr.T.Selva Mahesh 2.T.Solai Selvam : Petitioners Vs.

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

2.The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

3.Subbiah 4.P.Sermakani : Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondents 1 and 2 not to harass the petitioners under the guise of enquiry in the nature of civil complaint which arising out of educational loan except following the due process of law. For Petitioners : Mr.A.Mohan, 1/4

For Respondents : Mr.R.Sivakumar, Government Advocate (Crl.Side) for R1 & R2.

: Mr.B.Rajesh Saravanan, for R3 & R4.

ORDER

This Criminal Original Petition filed, under Section 482 Cr.P.C., seeking orders to direct the respondents 1 and 2 not to harass the petitioners under the guise of enquiry in the nature of civil complaint which arising out of educational loan except following the due process of law.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the State would submit that the complaint given by the third respondent is pending for enquiry and on that basis, the petitioners were directed to appear before the second respondent police for enquiry, but the petitioners have not turned up.

3. At this juncture, the learned counsel appearing for the petitioners would submit that the petitioners are ready to appear before the second respondent police.

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4. In view of the above submissions made by both sides, the petitioners are directed to appear before the second respondent police and on such appearance, the second respondent police is directed to proceed with the enquiry and take suitable action within a period of ten days from the date of receipt of copy of this order.

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

04.01.2023 NCC :Yes/No Index : Yes / No Internet : Yes / No das To 1.The Superintendent of Police, Thoothukudi District, Thoothukudi.

2.The Inspector of Police, Kovilpatti West Police Station, Thoothukudi District.

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

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K.MURALI SHANKAR,J.

das Dated: 04.01.2023 4/4