K.Muralidass v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.12.2022

CORAM

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

1.The Commissioner of Police, Office of the Commissioner of Police, Madurai City.

2.The Inspector of Police, All Women Police Station, Madurai South, Madurai City.

3.R.Sathya ... Respondents PRAYER : Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the respondents 1 and 2 not to harass the petitioner on the guise of enquiry except through due process of law. For Petitioner : Mr.C.Gangai Amaran For R1 & R2 : Mr.R.Sivakumar Government Advocate (Crl. Side) 1/4

ORDER

This Criminal Original Petition has been filed, invoking Section 482 Cr.P.C., seeking orders to direct the respondents 1 and 2 not to harass the petitioner under the guise of enquiry except through due process of law.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2.

3. Admittedly, the petitioner and the third respondent are husband and wife.

4. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that the matter was referred to the Social Welfare Officer, Madurai and after enquiry, the Social Welfare Officer has submitted a report dated 22.08.2022. He would further submit that enquiry is pending.

5. At this juncture, the learned counsel appearing for the petitioner 2/4

would submit that the petitioner is ready to appear before the second respondent on receipt of summons.

6. Taking into account the overall facts and circumstances, the following directions are issued:- "(a) The second respondent shall issue written summons to the petitioner for causing his appearance before him for enquiry.

(b) The second respondent shall conclude the enquiry within a period of three 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."

7. With these directions, this Criminal Original Petition stands disposed of.

21.12.2022 Index :

Yes / No Internet :

Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The Commissioner of Police, Office of the Commissioner of Police, Madurai City.

2.The Inspector of Police, All Women Police Station, Madurai South, Madurai City.

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

Order made in Dated: 21.12.2022 4/4