L.Sudalaikan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL L.Sudalaikan ... Petitioner Vs.

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

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

3.S.Arumainathan ... 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 in the guise of the enquiry in the light of the petitioner's representation, dated 26.02.2025 and pass such other or further orders as this Court.

For Petitioner : Mr.C.Saravanakumar 1/5

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 in the guise of the enquiry in the light of the petitioner's representation, dated 26.02.2025.

2. According to the petitioner, the petitioner is the owner of the property and he entered into sale agreement with the third respondent. Thereby, there are some dispute in respect of the execution of sale deed. While so, the third respondent lodged a complaint before the second respondent and now taking advantage of the same, the second respondent started to harass the petitioner. Therefore, the petitioner sent a representation, dated 26.02.2025 stating that the complaint is pertaining to civil dispute but 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 the third respondent lodged a complaint 2/5

against the petitioner. Thereby, they issued summon to both the parties and both the parties have not appeared for enquiry. However, they will complete the enquiry within one week in accordance with law.

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

5. According to the petitioner, there is a property dispute in respect of the agreement. Thereby, the third respondent lodged a complaint. The second respondent also admitted the receipt of complaint and he also issued summon to the petitioner as well as the third respondent for enquiry purpose. Therefore, it is for the second respondent to complete the enquiry as early as possible. It is needless to say that if the matter is civil in nature, the second respondent has to follow the circular issued by the Director General of Police in this regard.

6. In view of the same, this Court directs the second respondent to dispose of the representation of the petitioner, dated 26.02.2025 within a period of one (1) week from the date of this order.

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7. With the above said observations, 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.

2.The Inspector of Police, Courtallam 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 5/5