Dhanalaksumi v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Crl.O.P(MD)No.2375 of 2025 Dhanalakshmi W/o.Late.Subramani ... Petitioner Vs

1. The State of TamilNadu rep. by The Superintendent of Police, Theni District.

2. The Sub-Inspector of Police, Devadanapatti Police Station, Theni District.

3. Kazhimuthu ... Respondents PRAYER: Criminal Original petition filed under Section 528 of BNSS Act, to direct the second respondent not harass the petitioner and her sons namely Narasingaperumal Aged 36 and Yesuva aged 30 under the guise of enquiry.

For Petitioner : Mr.G.Karuppasamy Pandian for M/s.Jenifar Bibin For Respondent Nos.1 & 2 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed by the petitioner to direct the second respondent not harass the petitioner and her sons namely Narasingaperumal Aged 36 and Yesuva aged 30 under the guise of enquiry.

2. According to the petitioner, the third respondent is the neighbour of the petitioner and there is a path way dispute between the petitioner and the third respondent and thereby a civil suit in O.S.No.35 of 2022 on the file of District Munsif Court, Periyakulam is pending. In the meantime, based upon the complaint given by the third respondent, the second respondent is harassing the petitioner and her sons without any valid reason and the second respondent frequently visit the house of the petitioner and threatened her with dire consequences. The second respondent has not issued any notice to the petitioner. Without following any procedures as established under law, harassing the petitioner under the guise of enquiry. Therefore, the present Criminal Original Petition has been filed.

3. The learned Additional Public Prosecutor appearing for the 1st and 2nd respondents would submit that based upon the compliant given by the 3rd respondent, they registered a FIR in Cr.No.29 of 2025 on the file of Devadanapatti Police Station as against the unknown persons and in order to conduct enquiry, the petitioner's presence is required and thereby the second respondent called the petitioner for enquiry. The petitioner is a neighbour of the complainant and therefore on suspicious the respondent police called the petitioner for enquiry. They will issued appropriate notice to the petitioner in accordance with law and they have not harassed the petitioner at any point of time.

4. Recording the submissions of the learned Additional Public Prosecutor, this Criminal Original Petition stands disposed of. The petitioner is directed to respond the summons if any issued by the second respondent. No costs.

07.02.2025 Internet :Yes Index :Yes/No NCC :Yes/No gvn P.DHANABAL , J.

gvn To

1. The Superintendent of Police, Theni District.

2. The Sub-Inspector of Police, Devadanapatti Police Station, Theni District.

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

Crl.O.P(MD)No.2375 of 2025 07.02.2025