Kaveriyappa v. The State Rep. By The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.17360 of 2025 Kaveriyappa ... Petitioner Vs.

1. The State Rep.by The Superintendent of Police, O/o The Superintendent of Police, Krishnagiri District.

2. The Deputy Superintendent of Police, DCB-II, O/o the Superintendent of Police, Krishnagiri District. ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS 2023, seeking direction, to direct the respondents not to harass the petitioner in the name of enquiry and also to consider the petitioner's representation dated 29.05.2025.

For Petitioner : Mr.T.Elumalai For Respondents : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking direction, to direct the respondents not to harass the petitioner under the guise of enquiry and also to consider the petitioner's representation dated 29.05.2025.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondentPolice and perused the materials available on record.

3. The learned counsel for the petitioner submitted that, the defacto complainant made a false complaint as against the petitioner before the first respondent Police, based on which, the second respondent police is now harassing the petitioner under the guise of enquiry

4. On a reading of the complaint, it is seen that the dispute between the parties is purely civil in nature. The petitioner has not impleaded the defacto complaint in this case. The petitioner has tried to get the order behind the back of the defacto complainant.

5. The petitioner is directed to appear before the respondent-Police

for enquiry. The respondent -Police is permitted to enquire the petitioner in the manner known to law. If the dispute between the parties is civil in nature, the the respondent has to direct the parties to approach the civil Court. If the dispute is criminal in nature, the respondent-Police is directed to conduct enquiry and investigate the matter in the manner known to law.

6. With the abovesaid direction, this Criminal Original Petition is dismissed.

16.06.2025 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The Superintendent of Police, O/o The Superintendent of Police, Krishnagiri District.

2. The Deputy Superintendent of Police, DCB-II, O/o the Superintendent of Police, Krishnagiri District.

3. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa Crl.O.P.No.17360 of 2025 16.06.2025