Karthigai Priya v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :27.02.2025 CORAM :

THE HON'BLE MR.JUSTICE P. DHANABAL

1. Karthigai Priya

2. Sasikala

3. M. Kavitha ... Petitioners Vs.

1. The State of Tamil Nadu, Represented by the Superintendent of Police, District Police Office, Sivagangai District.

2. The Deputy Superintendent of Police, DSP Office, Manamadurai, Sivagangai District.

3. The Inspector of Police, Manamadurai Police Station, Sivagangai District.

4. The Sub Inspector of Police, Manamadurai Police Station, Sivagangai District.

5. N. Kasimurugan ... Respondents Page no.1/6

Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the 3rd and 4th respondents not to harass the petitioner in the guise of enquiry. For Petitioners : Mr. R. Jegadeeswaran For R-1 to R4 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side)

ORDER

This petition has been filed by the petitioners to direct the 3rd and 4th respondents not to harass the petitioners in the guise of enquiry by interfering with the civil dispute.

2. The learned counsel appearing for the petitioners would submit that the 5th respondent is the maternal uncle of the petitioners and there is a property dispute pending between the parties, thereby the 5th respondent without seeking appropriate relief before the Civil Court has lodged a complaint before the 3rd respondent as if the petitioners have stolen 10 sovereigns of ornaments. Already the petitioners have appeared before the respondent police on 23.02.2025 for enquiry and an enquiry was conducted by the 4th respondent. However, the respondents no. 3 and 4 have frequently calling the petitioners under the guise of enquiry for the civil dispute. Hence, they have filed this petition. Page no.2/6

3. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondents no.1 to 4 would submit that the 5th respondent lodged a complaint as against the petitioners and the petitioners also lodged a complaint against the 5th respondent. Therefore, the respondent police have assigned two C.S.R numbers and the same are under enquiry. For enquiry purpose only, they called the petitioners. In the meantime, the petitioners have filed this petition. However, they will conduct an enquiry and dispose of the complaint of the petitioners as well as the 5th respondent within one week.

4. Since there is a dispute pending between the parties in respect of the property, both the parties have lodged complaints against each other and the same are under enquiry by the 3rd and 4th respondents, this Court without issuing notice to the 5th respondent directs the 3rd respondent to dispose of the complaints of the petitioners as well as the 5th respondent within one week from the date of this order. It is needless to mention that if the matter is in civil nature, the 3rd respondent police have to follow the circular issued by the higher authorities in this regard.

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5. With the above said observations and direction, this criminal original petition is disposed of.

27.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes mac Page no.4/6

To

1. The State of Tamil Nadu, Represented by the Superintendent of Police, District Police Office, Sivagangai District.

2. The Deputy Superintendent of Police, DSP Office, Manamadurai, Sivagangai District.

3. The Inspector of Police, Manamadurai Police Station, Sivagangai District.

4. The Sub Inspector of Police, Manamadurai Police Station, Sivagangai District.

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

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P. DHANABAL , J., mac 27.02.2025 Page no.6/6