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Madras High CourtCRL OP(MD)/1633/2025disposed of

K.Sahunthala v. The Superintendent Of Police

2025-01-29Honourable Mr Justice M. Nirmal Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2025

CORAM

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

1.The Superintendent of Police, Trichy District.

2.The Deputy Superintendent of Police, District Crime Branch, Trichy.

3.The Inspector of Police, District Crime Branch, Trichy.

4.Kavitha : Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent not to harass the petitioner and not to indulge her in Katta Panchayat and not to threaten the petitioner with dire consequences upon the Crime No.38 of 2024 dated 14.05.2024 which is highly unconnected as far as this petitioner is concerned and for consequential orders.

For Petitioner : Mr.K.R.Laxman 1/5

For R1 to R3 : Mr.K.Sanjai Gandhi Government Advocate (crl.side)

ORDER

The petitioner/ Chairman of Usilampatti Municipality had filed this petition seeking direction to keep away the police and not to harass the petitioner by calling her for enquiry in connection with Crime No.38 of 2024, in which, the petitioner's son Vijay is an accused. The petitioner is nothing to do with her son activities.

2. The learned Government Advocate (crl.side) opposed the same stating that the petitioner and her son are politicians. The petitioner's son had collected more than Rs.1 Crore from the fourth respondent on promise that he would get recognition in the School. The amount of Rs.1 Crore had been collected, misappropriated and cheated. Thereafter, on the complaint of the fourth respondent, case in Crime No.38 of 2024 has been registered for the offence under Sections 420 and 406 of IPC. The said Vijay was arrested and he is in prison. During that time, the petitioner had come forward to settle the issue with the fourth respondent and paid part amount of Rs.30,00,000/- (Rupees Thirty Lakhs only) and though she agreed to pay balance entire amount back to the fourth respondent, she 2/5

failed to make any payment. For that purpose, summon was served on 11.10.2024 calling her for enquiry. The petitioner had appeared for enquiry on 03.01.2025 and agreed to appear for enquiry, to resolve the issue and to settle the fourth respondent/defacto complainant, on the other hand, now projects calling her for enquiry as harassment.

3. The learned counsel appearing for the petitioner submits that if proper notice is served, the petitioner would appear for enquiry in this case as and when called in Crime No.38 of 2024.

4. Recording the submission of the learned counsel for the petitioner, this Criminal Original Petition is disposed of. Since the Municipality Chairman is accusing of harassment, it will be appropriate that the Deputy Superintendent of Police, District Crime Branch, Trichy, to conduct investigation in this case and the Superintendent of Police, Trichy District, to monitor the same.

29.01.2025 NCC : Yes/No Index : Yes / No Rmk 3/5

To 1.The Superintendent of Police, Trichy District.

2.The Deputy Superintendent of Police, District Crime Branch, Trichy.

3.The Inspector of Police, District Crime Branch, Trichy.

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

4/5

M.NIRMAL KUMAR,J.

Rmk 29.01.2025 5/5