Selvakrishnan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Selvakrishnan ... Petitioner Vs.

1.The Superintendent of Police, Tenkasi District, Tenkasi.

2.The Inspector of Police, Alangulam Police Station, Tenkasi District.

3.Paulkumar 4.Selvakumar 5.Esakkiraj ... Respondents Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S., 2023, to direct the second respondent not to harass the petitioner under the guise of 1/6

enquiry on the basis of the petitioner's representation, dated 20.02.2025 and pass such further or other orders as this Court. For Petitioner : Mr.M.Sankar For R-1 & R-2 : Mr.M.Sakthi Kumar Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the second respondent not to harass the petitioner under the guise of enquiry on the basis of the petitioner's representation, dated 20.02.2025.

2. According to the petitioner, the respondents 3 and 4 are friends and they approached the petitioner and borrowed money for a sum of Rs.5,00,183/- and handed over the E-comet Ashok Leyland lorry bearing Registration No.TN 76 Q 3912 belongs to the fourth respondent and the same is under custody of the fifth respondent. Since the respondents 3 and 4 failed to repay the amount, the said lorry was handed over to the fifth respondent. Now the respondents 3 and 4 lodged a false complaint against the petitioner and based on that, the second respondent used to harass the petitioner and thereby, the petitioner sent 2/6

a representation, dated 20.02.2025 and the same has not been considered. Hence, the petitioner filed this petition.

3. The learned Government Advocate (Crl. Side) appearing for the official respondents would submit that there is a money dispute pending between the petitioner and the third respondent, who is the driver of the lorry and the said lorry belongs to the fourth respondent. While so, the petitioner had taken the lorry from the third respondent and thereby, the third respondent lodged a complaint and now the enquiry is pending. For the purpose of enquiry, they called the petitioner but the petitioner did not appear for enquiry. Already as against the petitioner, a case under Section 303(2) of the Bharatiya Nyaya Sanhita, 2023 was registered and the same is also pending for investigation. While so, the petitioner sent a representation, dated 20.02.2025. The same may be considered and disposed of within one week.

4. Considering the limited scope of prayer sought for in this petition, this Court even without issuing notice to the private respondents inclined to dispose of this petition.

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5. The petitioner's prayer is not to harass the petitioner but the second respondent already registered a case against the petitioner based on the complaint given by the respondents 3 and 4 in Crime No.86 of 2025 on 28.02.2025. For investigation purpose, they called the petitioner but the petitioner did not appear. Therefore, recording the above said submission of the learned Government Advocate (Crl. Side) appearing for the official respondents, this Court directs the second respondent to dispose of the representation of the petitioner, dated 20.02.2025 in accordance with law, within a period of one (1) week from the date of this order.

6. With the above said directions, this Criminal Original Petition stands disposed of.

04.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Superintendent of Police, Tenkasi District, Tenkasi.

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2.The Inspector of Police, Alangulam Police Station, Tenkasi District.

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

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P.DHANABAL, J.

BTR 04.03.2025 6/6