Dr.P.Vijayalakshmi v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Criminal Original Petition No.27088 of 2024

1. Dr.P.Vijayalakshmi

2. S.Rajendran ... Petitioners Vs.

1. The State rep by the Inspector of Police, Thirunindravur Police Station, Tiruvallur District.

2. Lokesh Babu ... Respondents Prayer: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita 2023, praying to direct the first respondent herein, his subordinates, personnels and men not to harass the petitioners in the civil dispute between the petitioners and the complainant/2nd respondent or any one claiming on his behalf in respect of Plot No.11, Old Survey No.38/1 New Survey No.38/55, Krishna Nagar Lay Out, Thirunindravur Village, Thiruvallur District. For Petitioners : Mr.K.Muthu Ganesa Pandian 1/4

For Respondents : K.M.D.Muhilan Government Advocte (Crl. Side) for R1 **********

O R D E R

The petitioner herein is called for enquiry in CSR No.397 of 2024 given by the purchaser of the property from the second petitioner.

2. The petitioner's counsel states that under the guise of investigating the complaint, the petitioners are being harassed by the Police.

3. A perusal of the records, indicates that the petitioners had the property at Thirunindravur Village and he had sold the property to two different persons. The second petitioner had sold the property to the complainant assuring that the boundary dispute in the property will be sorted out by the petitioners. Since the dispute was not sorted out, the present complaint is given. The petitioners were called for enquiry and being aggrieved by frequent summoning, the petitioners are before this 2/4

Court stating that they are senior citizens settled in Tirunelveli, the frequent calling by the Investigating Officer for enquiry, causes hardship to them.

4. Taking note of the facts narrated above, the Criminal Original Petition is disposed of with a direction to the first respondent herein not to call the petitioner without written summons and if the dispute is purely civil in nature, they shall follow the guidelines issued by the Commissioner of Police and dispose of the complaint in accordance with law.

29.10.2024 Index: Yes/No Internet: Yes/No jv To

1. The Inspector of Police, Thirunindravur Police Station, Tiruvallur District.

2. The Public Prosecutor, Madras High Court, Chennai 600 104.

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Dr.G.JAYACHANDRAN,J.

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