J.Nagaraj v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :09.04.2025 CORAM :

THE HON'BLE MR.JUSTICE P. DHANABAL Crl.O.P.(MD) No.6583 of 2025 J.Nagaraj ... Petitioner Vs.

1.State of Tamil nadu rep., by The Commissioner of Police, Madurai City.

2.The Inspector of Police, CCB, Madurai.

3.J.Manimaran

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the second respondent and his subordinates not to harass the petitioner on the pretext of enquiry based on the petitioner's representation dated 06.11.2024. For Petitioner : Mr.S.Srikanth For R1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor (crl.side)

ORDER

This petition has been filed by the petitioner to direct the second respondent and his subordinates not to harass the petitioner on the pretext of enquiry based on his representation, dated 06.11.2024. 1/5

2. According to the petitioner, there is a dispute between the petitioner and the third respondent with respect to conducting of fruit stall and thereby, the third respondent taking advantage of his position that he is the police officer, lodged a false complaint against the petitioner. Based on the said complaint, the second respondent called the petitioner frequently for enquiry. The petitioner has already sent representation on 06.11.2024, but the same has not been considered. Hence, this petition.

3. The learned Additional Public Prosecutor (crl.side) appearing for the respondents 1 and 2, on instructions, submits that based on the complaint lodged by one Manojkumar, they called the petitioner for enquiry, but, the petitioner without appearing for enquiry, filed this petition. Therefore, if the petitioner appears for enquiry, they will conduct enquiry and dispose of the complaint of said Manojkumar, within 15 days.

4. Considering the prayer sought for in this petition, this Court, without issuing notice to the third respondent, is inclined to pass order.

5. According to the petitioner, there is a dispute between him and the third respondent in respect of conducting fruit stall and thereby, the third 2/5

respondent lodged a false complaint against him, based on the same, the second respondent frequently called the petitioner, to that effect, he also sent a representation on 06.11.2024. According to the respondents 1 and 2, they admitted the receipt of the representation of the petitioner dated 06.11.2024 and the same is pending and also submits that based on the complaint lodged by one Manojkumar, they called the petitioner for enquiry. In view of the same, the second respondent is directed to conduct enquiry on the complaint of the said Manojkumar along with the representation of the petitioner dated 06.11.2024 and dispose of the same, within 15 days, in accordance with law, from the date of receipt of a copy of this order. The petitioner is also directed to co-operate for the enquiry.

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

09.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes Rmk 3/5

To 1.The Commissioner of Police, Madurai City.

2.The Inspector of Police, CCB, Madurai.

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

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P. DHANABAL , J.

Rmk Crl.O.P.(MD)No.6583 of 2025 09.04.2025 5/5