S.Vellaiammal v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL Crl.O.P.(MD)No.3215 of 2025 S.Vellaiammal ... Petitioner Vs.

1. The State of Tamil Nadu, Rep by the Superintendent of Police, Superintendent of Police Offices, Sivagangai District.

2. The Inspector of Police, Pallathur Police Station, Sivagangai District.

3. Indrani ... Respondents PRAYER : Petition filed under Section 528 of BNSS 2023, to pass an order directing the 2nd respondent not to harass the petitioner in the guise of enquiry on the basis of the complaint given by the 3rd respondent and considering the petitioner representation dated 04.02.2025.

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For Petitioners :

Mr.E.Madhumathi For Respondents :

Mr.M.Sakthi Kumar (R1 & R2) Government Advocate

ORDER

This criminal original petition has been filed seeking for a direction to the 2nd respondent not to harass the petitioner in the guise of enquiry, on the basis of the complaint given by the 3rd respondent and also by considering the petitioner's representation dated 04.02.2025.

2. According to the petitioner, she is the neighbour of the third respondent and the third respondent lodged a false complaint alleging that the petitioner killed the third respondent's goat by mixing poison and thereby, the goat died. Infact, the petitioner is noway connected with the said occurrence. While so, based on the complaint given by the third respondent, the respondent police called the petitioner and the third respondent also appeared. But, no decision was taken. However, the second respondent is frequently used to call the 2/6

petitioner for enquiry. Thereby, the petitioner made a representation. But the same has not been considered. Hence, this petition came to be filed.

3. The learned Government Advocate appearing for the respondent police would submit that based on the complaint given by the third respondent as against the petitioner, the respondent police conducted an enquiry and the petitioner appeared for only one time and thereafter, she never appeared for enquiry. However, the respondent police will complete the enquiry within a period of one week.

4. Considering the limited scope of the relief sought for in this petition, this Court is inclined to pass orders, without even issuing notice to the third respondent. Since the enquiry is pending with the second respondent, it is for the second respondent to complete the enquiry expeditiously. Accordingly, the second respondent is directed to complete the enquiry in accordance with law, within a period of one week from the date of this order. 3/6

5. With the above direction, this criminal original petition is disposed of. 20.02.2025 Index :

Yes / No 4/6

TO:-

1. The Superintendent of Police, Superintendent of Police Offices, Sivagangai District.

2. The Inspector of Police, Pallathur Police Station, Sivagangai District.

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

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P.DHANABAL, J.

sm Order made in Crl.O.P.(MD)No.3215 of 2025 Dated:

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