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Madras High CourtCRL OP(MD)/2562/2025ordered

Jeyachitra v. The State Of Tamil Nadu

2025-02-12Honourable Mr. Justice P.Dhanabal4 pages

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

THE HON'BLE MR.JUSTICE P. DHANABAL Jeyachitra ... Petitioner Vs

1. The State of Tamil Nadu, Represented by the Superintendent of Police, Theni, Theni District.

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

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

4. Senthil Kumar,

5. Rajasekaran ... Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023, to direct the 1st respondent to directing the 3rd respondent herein not to harass the petitioner for appearing an enquiry before them for her husband's debts under the guise of enquiry.

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For Petitioner : Mr.A.Prasanna Rajadurai For R-1 to R-3 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. side)

ORDER

This Criminal Original Petition has been filed to direct the 3rd respondent not to harass the petitioner for the debts borrowed by the husband of the petitioner under the guise of enquiry.

2. According to the petitioner, there is a family dispute between the petitioner and her husband and the petitioner has already filed H.M.O.P.No. 630 of 2024 for divorce before the Family Court, Theni. While so, her husband facing financial difficulties and thereby, the respondents no.4 and 5 gave complaint against her husband and the petitioner. Taking advantage of the same, now the respondent police started to harass the petitioner for the debts borrowed by her husband. Hence, she filed this petition.

3. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondents no.1 to 3 would submit that based on the complaint given by the 4th and 5th respondents as against the petitioner and her husband, in order to enquire the complaint they called the petitioner. So far, they have received eight complaints for the tune of Rs.13,00,000/-. 2/4

Therefore, they will enquire the matter and complete the enquiry within fifteen days. They have not harassed the petitioner, they have called the petitioner for enquiry based on the complaint given by the respondents no.4 and 5.

4. This Court considering the limited scope of the prayer sought for in the petition, without issuing notice to the 4th and 5th respondent inclined to dispose of the petition.

5. Since the 3rd respondent admitted the complaint received against the petitioner and her husband and also assured to complete the enquiry within fifteen days, it is appropriate to direct the 3rd respondent to dispose the complaint received against the petitioner in the manner known to law within fifteen (15) days from the date of this order.

6. Accordingly, this Criminal Original Petition is ordered. No costs. 12.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes mac 3/4

P. DHANABAL , J., mac To

1. The State of Tamil Nadu, Represented by the Superintendent of Police, Theni, Theni District.

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

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

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai 12.02.2025 4/4