T.Maheswari v. The Assistant Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL Crl.O.P.(MD)No.3439 of 2025 T.Maheswari ... Petitioner Vs.

1. The Assistant Commissioner Of Police, City Crime Branch, Heber Road, Beema Nagar, Trichy District.

2. Mathina Begam ... Respondents PRAYER : Petition filed under Section 528 of BNSS 2023, to direct the 1st respondent not to harass the petitioner and not to interfere in civil dispute in the name of enquiry.

For Petitioner :

Mr.K.Prabakaran For Respondents :

Mr.R.M.Anbunithi (R1) Addl. Govt. Pleader Ms.S.Devasena (R2) 1/6

ORDER

This criminal original petition has been filed for a direction to the 1st respondent not to harass the petitioner and not to interfere with the civil dispute in the name of enquiry.

2. According to the petitioner, there is a money dispute between the petitioner and the second respondent and based on the complaint given by the second respondent, the first respondent is harassing the petitioner to execute the document. This case is purely civil in nature and the first respondent is interfering with the same and therefore, the petitioner filed this petition.

3. The learned Additional Public Prosecutor appearing for the respondent police would submit that based on the complaint given by the second respondent, the respondent police called the petitioner for enquiry, the enquiry is still pending and the respondent police will complete the enquiry within a period of ten days.

2/6

4. The learned counsel appearing for the second respondent would submit that the second respondent is the wife of one deceased Jinnah, who is the power agent and there is a money dispute between the petitioner and the second respondent. The petitioner cheated an amount to the tune of Rs.45,00,000/- and therefore, the second respondent lodged a complaint before the first respondent. During the enquiry, the first respondent advised to amicably settle the matter. Therefore, there is no merit in this petition and prayed for dismissal of this petition.

5. Heard the learned counsel on both sides and perused the materials placed before this Court.

6. Considering the limited scope of the relief sought for in this petition and without going into the merits of the case and also considering the fact that the enquiry is pending before the first respondent, it is appropriate to direct the first respondent to complete the enquiry within a short time. Accordingly, the 3/6

first respondent is directed to complete the enquiry within a period of one week from the date of this order.

7. With the above direction, this criminal original petition is disposed of. However, it is needless to mention that if the matter is purely civil in nature, the petitioner has to follow the circular issued by his higher authorities in this regard.

24.02.2025 Index :

Yes / No 4/6

TO:-

1. The Assistant Commissioner Of Police, City Crime Branch, Heber Road, Beema Nagar, Trichy District.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 5/6

P.DHANABAL, J.

sm Order made in Crl.O.P.(MD)No.3439 of 2025 Dated:

24.02.2025 6/6