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Madras High CourtCRL OP(MD)/23018/2022disposed of

Sudarvalli v. The Superintendent Of Police

2022-12-23Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.12.2022

CORAM:

THE HONOURABLE MR. JUSTICE K.MURALI SHANKAR Sudarvalli, : Petitioner Vs

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

2. The Inspector of Police, Thanjavur East Police Station, Thanjavur, Thanjavur District.

3. S.Ragumoorthy, : Respondents PRAYER: Criminal Original Petition filed under Section 482 Cr.P.C. praying this Court to issue a direction, directing the second respondent not to harass the petitioner under the guise of enquiry on the foisted complaint of the third respondent.

For Petitioner : Mr.C.Suresh Kannan For R1 and R2 : Mr.R.Sivakumar Government Advocate (Crl.Side) 1/4

ORDER

This criminal original petition has been filed seeking a direction to the second respondent not to harass the petitioner under the guise of enquiry on the foisted complaint of the third respondent.

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

3. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that summons was served on the petitioner, directing her to appear before the respondent police for enquiry

4. The learned counsel appearing for the petitioners would submit that no summons was received by the petitioner herein.

5. Taking into account the overall facts and circumstances, the following directions are issued:- "(a) The second respondent shall issue fresh written 2/4

summons to the petitioner for causing their 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."

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

23.12.2022 Internet:Yes Index:Yes/No lr To

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

2. The Inspector of Police, Thanjavur East Police Station, Thanjavur, Thanjavur District.

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K.MURALI SHANKAR , J.

lr

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

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