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Madras High CourtCRL OP(MD)/3814/2025disposed of

S.Mariselvam v. The State Of Tamil Nadu

2025-02-28Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL Crl.O.P(MD)No.3814 of 2025 S.Mariselvam ... Petitioner Vs

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

2. The Deputy Superintendent Of Police, Uthamapalayam, Theni District.

3. The Inspector of Police, Gudalur North Police Station, Theni District.

4. The Sub Inspector of Police, Gudalur South Police Station, Theni District.

5. R.Indhumathi ... Respondents PRAYER: Criminal Original petitions have been filed under Section 528 of BNSS to direct the respondent no.3 and 4 herein not to harass the petitioner under the guise of enquiry.

For Petitioner : Mr.M.Mahalakshmi For R1 to R4 : Mr.R.M.Anbunithi Additional Public Prosecutor For R5 : Mr.K.Aurnraj For Mr.P.Banu Prasath

O R D E R

This Criminal Original Petition has been filed seeking a direction to the respondent no.3 and 4 herein not to harass the petitioner under the guise of enquiry.

2.According to the petitioner, already he has lodged a complaint against the fifth respondent on 09.02.2025 for the illegal sale of the properties. In order to counter that, the present false complaint has been lodged by the fifth respondent, based on which, the respondent police called the petitioner, for which, the petitioner sent a reply through post on 20.02.2025 by explaining the real facts. However, the respondent police harassing the petitioner under the guise of enquiry. Therefore, the petitioner

sent the representation, but the same was not considered. Hence this petition.

3.The learned Additional Public Prosecutor appearing for the respondent police would submit that based on the fifth respondent's complaint alleging that the petitioner demanded a sum of Rs.40 Lakhs from the private respondent, the respondent police called the petitioner for enquiry. The petitioner without appearing for enquiry, has filed this petition. He would further submit that the respondent police have not harassed the petitioner as alleged in this petition. 4.The learned Counsel for the fifth respondent would submit that the petitioner threatened the fifth respondent and demanded money, thereby, the present complaint has been lodged.

5.Heard both sides and perused the records.

6.Since the enquiry is pending before the third respondent, the third respondent is directed to complete the enquiry within a period of one week from the date of this order in accordance with law.

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

28.02.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR To

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

2. The Deputy Superintendent Of Police, Uthamapalayam, Theni District.

3. The Inspector of Police, Gudalur North Police Station, Theni District.

4. The Sub Inspector of Police, Gudalur South Police Station, Theni District.

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

P. DHANABAL, J.

LR Crl.O.P(MD)No.3814 of 2025 28.02.2025