E.Selvi v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN E.Selvi ... Petitioner Vs.

1. The Commissioner of Police Avadi Commissionerate, Avadi - 600 054.

2. The Inspector of Police, E-5, Sholavaram Police Station, Sholavaram, Chennai - 67.

3. G.Paranthamaiah

4. G.Savithri

5. Mallika Arjunan Gajula

6. Iyyappa Gajula

7. Chandra

8. Lakshmi Narasimalu @ G.P.Lakshmi Narashimhan

9. Sathyanarayanan

10. Balambika @ V.N.Ambika

11. T.Prabhadevi

12. Pannalal Singli

13. K.Annam

14. Ravichandran

15. Johnson ... Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 & 2 not to harass the petitioner or her men by considering the representation dated 09.04.2025 and pass orders within a time frame as may be fixed by this Court.

For Petitioner : Mr.P.Raja For Respondents For R1 & R2 : Mr.A.Gopinath Government Advocate (Crl. Side) For R3 : Mr.L.Pachaiyappan

ORDER

This writ petition has been filed for direction directing the respondents 1 & 2 not to harass the petitioner on the complaint lodged by the counter party.

2.

On instruction, the learned Government Advocate (Crl. Side) appearing for the respondents police submitted that, on the complaint lodged by one Sathyanarayanan viz., the ninth respondent herein, the second respondent registered a FIR in Crime No.236 of 2025 for the offences punishable under Section 329(3) & 351(2) of BNS, in which the petitioner is arrayed as the first accused.

3.

When the petitioner is facing the investigation in Crime No.236 of 2025, "not to harass" does not arise. Once the regular FIR has been registered, the question of "not to harass" will not arise. Any direction issued by this Court at this stage will amount to interfering with the investigation conducted by the respondent police. However, it is made clear that if there is any property dispute between the petitioner and the respondents 3 to 15, the second respondent has no role to play in the civil dispute between them.

4.

Accordingly, the Writ Petition stands dismissed. There shall be no order as to costs.

28.04.2025 Index : Yes/No : Yes/No Speaking/non-speaking order rts

G.K.ILANTHIRAIYAN, J.

rts To

1. The Commissioner of Police Avadi Commissionerate, Avadi - 600 054.

2. The Inspector of Police, E-5, Sholavaram Police Station, Sholavaram, Chennai - 67.

3. The Public Prosecutor, Madras High Court, Chennai.

28.04.2025