Durga Vs he State of Tamilnadu represented by, The Inspector of Police - (Crime),

Durga vs he State of Tamilnadu represented by, The Inspector of Police - (Crime),

Type Court Judgment Court Chennai Decided Feb 18, 2025

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Citation: sooperkanoon.com/1783978
Court: Chennai High Court
Judge: Honourable Mr Justice Sunder Mohan
Decided On: Feb 18, 2025
Case Number: CRL OP/4074/2025

Parties & Advocates

Appellant / Petitioner

Durga

Respondent

he State of Tamilnadu represented by, The Inspector of Police - (Crime),

Excerpt

in the high court of judicature at madrasdated: 18-02-2025coramthe honourable mr justice sunder mohan crl op no.4074 of 2025 k. durga, d/o. kumar, no.1385 9th cross street, t.p. chatiram, shenoy nagar, chennai - 600 030. petitioner(s) vs the state of tamil nadu represented by, respondent(s) for petitioner(s): mr. k. elangovan for respondent(s): mr. s. balaji, government advocate (crl.side).orderapprehending arrest in connection with crime no.not known of 2025 registered for the offences punishable under sections 316 of the bharatiya nyaya sanhita (bns), 2023, the present petition has been filed by the petitioner seeking anticipatory bail.2. today, when the matter is taken up for hearing, the learnedgovernment advocate (crl.side) appearing for the respondent police submitted that the petition enquiry in c.s.r.no.43 of 2025 is pending against the petitioner.3. heard the learned counsel for the petitioner and the learned government advocate (crl. side) appearing for the respondent police.4. recording the submission made by the learned governmentadvocate (crl.side), it is hereby directed that the respondent police has to issue notice under section 35 of bnss to the petitioner and the petitioner is directed to appear before the respondent police and the investigating officer has to conduct the enquiry by strictly following the procedures therein and if any prima facie case is made out against the petitioner, register the f.i.r or close the petition enquiry within three weeks.5. the parties are directed to cooperate with the enquiry. it is needless to say that the respondent police shall not take any coercive steps to secure the accused till the completion of enquiry on the complaint lodged by the de facto complainant.6. with the above directions, this criminal original petition stands disposed of. klt to 1.the state of tamil nadu represented by,sunder mohan, j.klt crl.o.p. no.4074 of 2025

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-02-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN CRL OP NO.4074 of 2025 K. Durga, D/o. Kumar, No.1385 9th Cross Street, T.P. Chatiram, Shenoy Nagar, Chennai - 600 030. Petitioner(s) Vs The State of Tamil Nadu represented by, Respondent(s) For Petitioner(s): Mr. K. Elangovan For Respondent(s): Mr. S. Balaji, Government Advocate (Crl.side).

ORDER

Apprehending arrest in connection with Crime No.Not Known of 2025 registered for the offences punishable under Sections 316 of the Bharatiya Nyaya Sanhita (BNS), 2023, the present petition has been filed by the petitioner seeking anticipatory bail.

2. Today, when the matter is taken up for hearing, the learned

Government Advocate (Crl.Side) appearing for the respondent Police submitted that the petition enquiry in C.S.R.No.43 of 2025 is pending against the petitioner.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent Police.

4. Recording the submission made by the learned Government

Advocate (Crl.Side), it is hereby directed that the respondent police has to issue notice under Section 35 of BNSS to the petitioner and the petitioner is directed to appear before the respondent police and the Investigating Officer has to conduct the enquiry by strictly following the procedures therein and if any prima facie case is made out against the petitioner, register the F.I.R or close the petition enquiry within three weeks.

5. The parties are directed to cooperate with the enquiry. It is needless to say that the respondent police shall not take any coercive steps to secure the accused till the completion of enquiry on the complaint lodged by the de facto complainant.

6. With the above directions, this Criminal Original Petition stands disposed of. klt To 1.The State of Tamil Nadu represented by,

SUNDER MOHAN, J.

klt Crl.O.P. No.4074 of 2025

Same Court & Year Chennai · 2025 Same Parties Durga vs he State of Tamilnadu represented by, The Inspector ... Same Judge Honourable Mr Justice Sunder Mohan