S.Kanthan v. The State Rep By, The Station House Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.17719 of 2025 S.Kanthan ... Petitioner Vs.

State Rep. By

1. The Station House Officer, Naduveerapattu Out Police Station, Cuddalore District.

2. A.Gnanasekaran ... Respondents PRAYER:

Criminal Original Petition filed under Section 528 of BNSS 2023, to direct the 1st respondent not to harass the petitioner, based upon the complaint given by the 2nd Respondent herein. For Petitioner : Mr.K.Shyam Sunder For R1 : Mr.S.Vinoth Kumar Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to direct the 1st respondent not to harass the petitioner, based on the complaint given by the 2nd Respondent herein.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the first respondent and perused the materials available on record.

3. Since no adverse order is being passed as against the second respondent, notice to the second respondent is dispensed with.

4. The learned counsel for the petitioner submitted that the petitioner filed a civil suit in O.S.No.67 of 2025 on the file of the District Munsif Court, Panruti with regard to the civil dispute between the petitioner and the second respondent. Whereas, the defacto complainant/second respondent herein lodged a complaint before the first respondent-Police with an intention to harass the petitioner. Though

the dispute between the parties is civil in nature and the same is pending before the civil court, the respondent -Police harassed the petitioner under the guise of enquiry.

5. Learned Government Advocate (Crl.Side)appearing for the first respondent-Police submitted that on receipt of the complaint made by the second respondent, after completion of enquiry, the Investigating Agency found that the dispute between the parties is civil in nature and closed the complaint and no complaint as against the petitioner is pending before the first respondent Police as on date. Hence, there is no question of harassment is made out.

6. In view of the same, this Criminal Original Petition is dismissed.

20.06.2025 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The Station House Officer, Naduveerapattu Out Police Station, Cuddalore District.

Cuddalore District.

2. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa Crl.O.P.No.17719 of 2025 20.06.2025