S.Kumar v. The State Of Tamil Nadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR S.Kumar ... Petitioner Vs.

1.The Superintendent of Police, Virudhunagar, Virudhunagar District.

2.The Inspector of Police, Sivakasi East Police Station, Sivakasi, Virudhunagar District.

3.N.Dhanalakshmi ... Respondents Prayer: Criminal Original Petition filed under Section 482 of Criminal Procedure Code, 1973 to direct the first and second respondents not to harass the petitioner under the guise of investigation regarding the complaint given by the third respondent.

For Petitioner : Mr.R.Jagadeeshwaran For R1 & R2 : Mr.A.Thiruvadi Kumar Additional Public Prosecutor ***** Page No. 1 of 5

O R D E R

The Criminal Original Petition has been filed under Section 482 of the Criminal Procedure Code, 1973, seeking to direct the first and second respondents not to harass the petitioner under the guise of investigation regarding the complaint given by the third respondent.

2. Based on the complaint made by the third respondent, the Sub Inspector of Police of Sivakasi East Police Station has been harassing the petitioner and his wife, and also threatening to imprison them. Due to this harassment, the petitioner's wife consumed sleeping pills and attempted to end her life on 27.12.2024. Initially, she was admitted to Latha Hospital, Thiruthangal, and later transferred to Dharmaraj Hospital, Thiruthangal, where she received treatment from 27.12.2024 to 30.12.2024.

3. Therefore, the petitioner sent a representation to the Sub Inspector of Police of Sivakasi East Police Station on 28.12.2024, requesting him to summon the third respondent, inquire into the matter, and provide proper advice to stop harassing the petitioner and his wife with false complaints. The petitioner also stated that if any money is owed Page No. 2 of 5

to the third respondent, she may take legal action through the court for recovery of money, provided there is evidence. However, the harassment continued.

4. Therefore, the petitioner sent a detailed representation to the first respondent on 03.01.2025, seeking action against the Sub Inspector of Police of Sivakasi East Police Station and other police authorities for the harassment faced by the petitioner and his wife. Even after this, at the instigation of the third respondent, the Sub Inspector of Police of Sivakasi East Police Station and other the police authorities continue to harass the petitioner and his family members.

5. The learned Additional Public Prosecutor appearing for the first and second respondents submitted that, based on the complaint of the third respondent, C.No.43/53221/4091/24 dated 23.12.2024 has been assigned. If the petitioner appears before the second respondent, the Inspector of Police, Sivakasi East Police Station, the enquiry would be conducted and concluded.

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6. The learned counsel for the petitioner, on instructions, submitted that the petitioner would appear before the second respondent on 27.01.2025 and give his explanation.

7. Recording the above, this Criminal Original Petition stands disposed of with the direction that the petitioner shall appear before the second respondent, the Inspector of Police, Sivakasi East Police Station, on 27.01.2025, and give his explanation. The second respondent shall then conclude the investigation.

20.01.2025 Index: Yes/ No Speaking Order/Non-Speaking Order JEN To:

1.The Superintendent of Police, Virudhunagar, Virudhunagar District.

2.The Inspector of Police, Sivakasi East Police Station, Sivakasi, Virudhunagar District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M.NIRMAL KUMAR , J.

JEN 20.01.2025 Page No. 5 of 5