M.Jaya Maruthi v. The State Rep By, The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN M.Jaya Maruthi ... Petitioner Vs.

1. The State rep.by The Superintendent of Police, Vellore District, Vellore.

2. The Inspector of Police, Gudiyattam Town Police Station, Gudiyattam, C.S.R.No.73 of 2025.

... Respondents Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the respondent not to harass the petitioner in C.S.R.No.73 of 2025 on the file of the Gudiyattam Town Police, Gudiyattam. For Petitioner : Mr.B.Lenin Balu For Respondents : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed to direct the respondentsPolice not to harass the petitioner in C.S.R.No.73 of 2025 on the file of 1/5

the Gudiyattam Town Police, Gudiyattam.

2. According to the petitioner, due to wordy quarrel between the petitioner's family and one Arun, who is neighbour of the petitioner, both the groups were manhandled each other and that one Saravanan, who is the relative of the petitioner sustained grievous injuries. Hence, the said Saravanan lodged a complaint against the said Arun and his relatives. The respondent-Police received the complaint and given C.S.R.No.72 of 2025, as a counter blast, the mother of the said Arun filed complaint against the petitioner, his family members and his relatives vide C.S.R.No.73 of 2025. It is further submitted that at the time of occurrence, the petitioner was not in the scene of occurrence and he is no way connected with the said occurrence. Due to wreak vengeance and to harass the petitioner, his name was included in the complaint. Hence, the present case.

3. Learned Government Advocate (Crl.Side) appearing for respondents-Police, on instructions, submitted that there was a quarrel between the members of the petitioner's family and their neighbours and that complaint and counter complaint have been filed. Subsequently, the 2/5

petitioner himself stated that they pacified the said dispute in the presence of their well-wishers and requested the police not to proceed with the complaint. There is no harassment as alleged by the petitioner.

4. Taking note of the above fact, this Court finds that the petitioner, only by apprehension has come forward with the present petition. Further, there is no iota of materials to show that the respondents-Police harassed the petitioner and hence, this Court is not inclined to entertain this petition. Accordingly, this Criminal Original Petition is dismissed.

28.01.2025 Index : Yes/No Speaking Order : Yes/No ms 3/5

To

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

2. The Inspector of Police, Gudiyattam Town Police Station, Gudiyattam.

3. The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J ms 28.01.2025 5/5