C.Saraswathi Duraipandian v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :12.02.2025 CORAM :

THE HON'BLE MR.JUSTICE P. DHANABAL C.Saraswathi Duraipandian ... Petitioner Vs

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

2. The Deputy Superintendent of Police, Alangulam, Tenkasi District.

3. The Inspector of Police, Pavoorchathiram Police Station, Tenkasi District.

4. Selvam ... Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023, to direct the respondents 1 to 3 not to harass the petitioner under guise of enquiry without following due process of law. For Petitioner : Mr.B.Vetrivel For R1 to R3 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. side) 1/4

ORDER

This Criminal Original Petition has been filed to direct the respondents 1 to 3 to not to harass the petitioner under the guise of enquiry without following due process of law

2. According to the petitioner, there is a money dispute between the petitioner and the 4th respondent and when the petitioner demanded to repay the amount from the 4th respondent, he gave a false complaint against the petitioner. Previously one complaint was lodged by the 4th respondent and the same was closed by the respondent police and again he filed yet another complaint in order to escape from his liability. On the basis of the complaint, the respondent police used to harass the petitioner. Therefore, the present criminal original petition has been filed.

3. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondents 1 to 3 would submit that already they have received a complaint from the 4th respondent as against the petitioner and the same was closed. Subsequently, the 4th respondent lodged another complaint and the same is under enquiry. They will complete the enquiry within a week.

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4. Considering the limited scope of the prayer of this petition, this Court without issuing notice to the 4th respondent inclined to pass orders at the admission stage itself.

5. According to the petitioner, the respondent police is harassing the petitioner based on the complaint given by the 4th respondent. The 3rd respondent has also admitted that the previous complaint lodged by the same 4th respondent as against the same petitioner and the petition was closed. Again the same person filed a complaint and the same is under enquiry. Therefore, it is appropriate to direct the respondents 2 and 3 to dispose of the said complaint after enquiry within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6. Accordingly, this criminal original petition is disposed of by directing the respondents 2 and 3 to complete the enquiry based on the representation of the petitioner dated 03.02.2025 on merits and in accordance with law within a week from the date of receipt of a copy of this order. No costs.

12.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes rgm 3/4

P. DHANABAL , J.

rgm To

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

2. The Deputy Superintendent of Police, Alangulam, Tenkasi District.

3. The Inspector of Police, Pavoorchathiram Police Station, Tenkasi District.

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