P.Selvaraj v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

1. P.Selvaraj S/o.Ponnusamy, No.62, Sellappa Gounder Street, Rathinapuri, Coimbatore - 641 027.

Petitioner(s) Vs

1. The State Rep by The Commissioner of Police, Coimbatore District.

2.The Inspector of Police, District Crime Branch, Coimbatore District.

Respondent(s) PRAYER : Criminal Original Petition filed under section 528 of BNSS to direct the respondent police not to harass the petitioner and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

For Petitioner(s):

G.Muthukumar

For Respondents:

Mr.R.Vinodhraja, Government Advocate [Crl.Side]

ORDER

This Criminal Original Petition has been filed to direct the second respondent not to harass the petitioner.

2. The case of the petitioner is that the petitioner had purchased a property from the defacto complainant and one P.Srinivasan as per the registered sale deed dated 12.08.2023. After purchase of the property by the petitioner, the defacto complainant and his relatives filed a suit in O.S.No.8380 of 2023 before the II Additional District Court, Coimbatore and the same is pending. Thereafter, once again, now the defacto complainant had given a complaint before second respondent and the defacto complainant is trying to add criminality in a civil transaction. Hence, the present petition for the aforesaid direction.

3. The learned Government Advocate [Criminal Side] on instructions submitted that current paper enquiry is pending against the petitioner and the petitioner was called for enquiry and the respondents have not harassed the petitioner.

4. In such view of the matter, it is for the investigating agency to issue appropriate notice to the petitioner under Section 35(3) of BNSS for enquiry and on such notice, the petitioner shall appear for enquiry and co-operate with the investigation. If any cognizable offence is made out, the second respondent shall register the First Information Report and proceed as per law.

5. With the above direction, this Criminal Original Petition is disposed of.

04-09-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes vrc

To

1. The Commissioner of Police, Coimbatore District.

2.The Inspector of Police, District Crime Branch, Coimbatore District.

3. The Public Prosecutor, High Court, Madras.

N.SATHISH KUMAR J.

vrc CRL OP No. 24304 of 04-09-2025