K.Pandi v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR K.Pandi ... Petitioner Vs.

1.The State of Tamil Nadu rep by The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Teppakulam Police Station, Madurai.

3.Manickam ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of B.N.S.S., to direct the second respondent police not to harass the petitioner and his family members in any manner in the guise of enquiry based on the false complaint given by the third respondent by considering the representation dated 07.01.2025. For Petitioners : Mr.R.Venkatesalu For R1 & R2 : Mr.A.Thiruvadi Kumar Additional Public Prosecutor

ORDER

The petitioner has filed this petition seeking a direction to the second respondent not to harass the petitioner under the guise of enquiry 1/4

without due process of law based on the complaint given by the third respondent dated 07.01.2025.

2.The grievance of the petitioner is that the petitioner is being called by the second respondent police for enquiry without giving any summons on the basis of the complaint lodged by the third respondent with regard to the civil dispute between the petitioner and the third respondent.

3.The learned Additional Public Prosecutor appearing for the respondent police submits that the petitioner was holding the subject property under patta No.486 and the same was sold to the third respondent and possession of the property was also given to the third respondent. While so, the petitioner by obtaining certified copies of the original document from the revenue officials, has sold the same to another person. Hence, the complaint was lodged by the third respondent and the petitioner was called for enquiry.

4.At this juncture, the learned counsel for the petitioner submits that the third respondent has fabricated the case and he is ready to give explanation before the respondent police.

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5.In view of the above, the petitioner is directed to appear before the respondent police on 27.01.2025 along with all necessary particulars and given his explanation with regard to the complaint lodged against him. The respondent police is also directed to conduct enquiry and pass appropriate orders on the same without any further delay. 6.With the above direction, this Criminal Original Petition is disposed of.

10.01.2024 NCC : Yes / No Index : Yes / No ta To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, Teppakulam Police Station, Madurai.

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

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M.NIRMAL KUMAR, J.

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