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Madras High CourtCRL OP(MD)/2738/2025closed

Sivamani v. The State Of Tamilnadu

2025-02-14Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 14.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Crl.O.P(MD)No.2738 of 2025 1.Sivamani 2.Soundarya ... Petitioners Vs 1.The Inspector of Police, City Crime Branch Madurai City.

2.The Inspector of Police, City Crime Branch, Tiruchirappalli City.

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

4.M.Thaha Mohammed 5.Infiyas @ Jaffar

...Respondents

PRAYER: This Criminal Original Petition has been filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), to direct the respondents 1 to 3 not to harass the petitioners in the name of enquiry on the false complaint given by the respondents 4 & 5. For Petitioners :Mr.N.Sathish Babu For R1 to R3 :Mr.M.Sakthikumar Government Advocate For R4 :Mr.Mahendrapathy Page No. 1 of 4

O R D E R

This petition is filed by the petitioners to direct the respondents No.1 to 3 not to harass the petitioners in the guise of enquiry based on the complaint given by the 3rd and 4th respondents. 2.Mr.M.Sakthikumar, learned Additional Public Prosecutor takes notice for the respondents No.1 to 3 and Mr.Mahendrapathy, learned counsel takes notice for the the fourth respondent. 3.The learned counsel appearing for the petitioners would submit that there is a money dispute pending between the parties. Due to misunderstanding between the petitioners and the private respondents No. 4 and 5, the fourth respondent lodged a false complaint before the respondents No.1 to 3 and based on which, the respondent police used to harass the petitioners frequently asking them to attend the enquiry. But, already the petitioners have appeared before the respondent police on various occasions. However, without passing any orders, merely keep on pending the complaint they used to harass the petitioners. Therefore, the present petition is filed.

Page No. 2 of 4

4. The learned Government Advocate appearing for the respondents 1 to 3 would submit that the respondent police received the complaint as against the petitioners through various persons and thereby, conducting an enquiry about the complaint and during the enquiry, the respondent police have not harassed the petitioners in any manner. However, they will complete the enquiry within a period of fifteen days. 5.In view of the aforesaid submission made by the learned Government Advocate, it is appropriate to direct the respondents 1 to 3 to complete the enquiry within a period of fifteen days from the date of receipt of a copy of this order. Accordingly ordered.

6. With the above said direction, this Criminal Original Petition is disposed of. No costs. Consequently, connected Criminal Miscellaneous Petition is closed.

14.02.2025 Index :Yes/No NCC :Yes/No Ns Page No. 3 of 4

P.DHANABAL , J.

Ns To 1.The Inspector of Police, City Crime Branch Madurai City.

2.The Inspector of Police, City Crime Branch, Tiruchirappalli City.

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

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

Crl.O.P(MD)No.2738 of 2025 14.02.2025 Page No. 4 of 4