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Madras High CourtCRL OP(MD)/3301/2025disposed of

Saravanakumar v. The State Of Tamilnadu

2025-02-21Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL Crl.O.P(MD)No.3301 of 2025 Saravanakumar ... Petitioner Vs

1. The State of Tamilnadu, Rep. by the City Police Assistant Commissioner, O/o. City Police Assistant Commissioner, Kamarajar Salai, Mahal Area, Madurai Main, Madurai District.

2. The Inspector of Police, Tallakulam Police Station, Madurai City, Madurai District.

3. Muthupandi ... Respondents PRAYER: Criminal Original petitions have been filed under Section 528 of BNSS to direct the 1st and 2nd respondents police not to harass the petitioner without any legally sustainable complaint.

For Petitioner : Mr.D.Balamurugapandi, For R1 and R2 : Mr.M.Sakthi Kumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the first and second respondents police not to harass the petitioner without any legally sustainable complaint.

2.According to the petitioner, the third respondent borrowed money from him and not repaid the same. Therefore, there is a money dispute pending between the parties and the third respondent lodged a complaint against him and taking advantage of the same, the respondent police entered into the petitioner's house and taken some documents and other things. Therefore, the petitioner sent a representation dated 17.02.2025 and also he appeared before the respondent police on 18.02.2025. However, the respondent police have harassed the petitioner. Hence this petition.

3.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the third respondent lodged the complaint alleging that the petitioner is charging exorbitant interest and thereby, for enquiry, the petitioner has been called. Apart from that, the respondent police have not done anything contrary to law. 4.Since the enquiry is pending before the second respondent, the second respondent is directed to complete the enquiry within a period of one week. But at the same time, the respondent police need not enter into the petitioner's house without due process of law. However, for the investigation purpose, if required, they shall conduct investigation in accordance with law.

5.With the above direction, this Criminal Original Petition is disposed of.

21.02.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR

To

1. The State of Tamilnadu, Rep. by the City Police Assistant Commissioner, O/o. City Police Assistant Commissioner, Kamarajar Salai, Mahal Area, Madurai Main, Madurai District.

2. The Inspector of Police, Tallakulam Police Station, Madurai City, Madurai District.

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

P. DHANABAL, J.

LR Crl.O.P(MD)No.3301 of 2025 21.02.2025