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Madras High CourtCRL OP(MD)/4074/2025closed

S.Subramanian v. The State Of Tamil Nadu

2025-03-05Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL S.Subramanian ... Petitioner Vs.

1.The Superintendent of Police, Madurai District, 2.The Inspector of Police, Kallikudi Police Station, Madurai District.

3.T.Sundarapandiyan ... Respondents Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S., 2023, to direct the first respondent to direct the second respondent not to harass the petitioner and his family members on the guise of enquiry in the civil dispute. For Petitioner : Mr.K.Suresh For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor 1/5

ORDER

This Criminal Original Petition has been filed to direct the first respondent to direct the second respondent not to harass the petitioner and his family members in the guise of enquiry in the civil dispute.

2. The learned Counsel appearing for the petitioner would submit that the petitioner's son borrowed money from the third respondent and thereafter, the entire money was repaid to him. However, there is some misunderstanding between the petitioner's son and the third respondent in payment of money. Thereby, the third respondent lodged a false complaint against the petitioner and based on the false complaint, the second respondent frequently called the petitioner for enquiry and harassed the petitioner. Hence, the petitioner filed this petition.

3. The learned Additional Public Prosecutor appearing for the official respondents would submit that there is a money dispute pending between the parties. In the meantime, the third respondent lodged a complaint against the petitioner alleging that on the date of Shivarathiri, the petitioner assaulted the 2/5

third respondent and thereby, lodged a complaint. Based on the complaint, they registered a case in Crime No.41 of 2025. Therefore, for investigation purpose, they called the petitioner but the petitioner did not appear and cooperate for investigation. However, they have not harassed the petitioner as alleged by him.

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 this petition by recording the submission of the learned Additional Public Prosecutor appearing for the official respondents that they have not harassed the petitioner and only for investigation purpose in Crime No.41 of 2025 they called the petitioner. Accordingly, this Criminal Original Petition stands closed. 05.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Superintendent of Police, Madurai District, 3/5

2.The Inspector of Police, Kallikudi Police Station, Madurai District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, 4/5

P.DHANABAL, J.

BTR 05.03.2025 5/5