Jaganathan v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.11.2024 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Jaganathan ... Petitioner Vs.

1. The Station House Officer Athur Town Police Station Attur Taluk, Salem District

2. Mrs.Kambooram ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S. to direct the 1 st respondent police not to harass the petitioner on the basis of false complaint lodged by the 2 nd respondent.

For Petitioner : Mr.K.Shakespeare For 1 st Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl. Side) For 2 nd respondent : Dr.N.Vijayaraj 1/4

ORDER

This Criminal Original Petition has been filed by the petitioner to direct the 1 st respondent police not to harass the petitioner on the basis of false complaint lodged by the 2 nd respondent.

2. The case of the petitioner is that already a civil suit is pending between the petitioner's family and the 2 nd respondent. While being so, the 2 nd respondent has lodged a false complaint against the petitioner and his family members in order to give criminal colour to the civil dispute and based on which, they have been harassed by the 1 st respondent police under the guise of enquiry. Hence, the present petition is filed.

3. Heard both sides and perused the materials available on record.

4. Though civil suit is pending between the parties, the allegation against the petitioner and others is that they criminally intimidated the defacto complainant and therefore, the respondent police have only sent summons to the petitioner for enquiry.

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5. Therefore, the petitioner is directed to co-operate with the respondent police for enquiry.

6. With the above direction, this Criminal Original Petition is dismissed. 13.11.2024 Index : Yes / No Speaking Order : Yes / No ksa-2 To

1. The Station House Officer Athur Town Police Station Attur Taluk, Salem District

2. The Public Prosecutor, High Court of Madras.

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P.VELMURUGAN. J.

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