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Madras High CourtCRL OP(MD)/4072/2025closed

Kamaraj v. The State Of Tamilnadu

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 T.Kamaraj ... Petitioner Vs.

1.The Superintendent of Police, Virudhunagar District.

2.The Deputy Superintendent of Police, Sivakasi, Virudhunagar District.

3.The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.

4.T.Palanivel ... Respondents Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S., 2023, to direct the respondents 2 and 3 to not to harass the petitioner in the guise of enquiry by interfering with the civil dispute in O.S.No.86 of 2023, pending before the District Munsif Court, Sivakasi by following the circular issued by 1/5

the Additional Director General of Police, Law & Order, Tamil Nadu, dated 09.01.2024 in Memorandum C.No.18/ADGP/L&O/Camp/2024 in the nature and circumstances of the case.

For Petitioner : M/s.S.Sinduja For R-1 to R-3 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the respondents 2 and 3 to not to harass the petitioner in the guise of enquiry by interfering with the civil dispute in O.S.No.86 of 2023, pending before the District Munsif Court, Sivakasi.

2. According to the petitioner, there is a civil dispute pending between the petitioner and the fourth respondent. While so, the fourth respondent lodged a complaint against the petitioner and based on the complaint, the third respondent harassed the petitioner and there is a civil suit in O.S.No.86 of 2023 pending before the learned District Munsif Court, Sivakasi. But in spite of that the third respondent insisted the petitioner to appear for enquiry. Therefore, the petitioner sent a representation, dated 22.02.2025 to the first respondent but the same has not been considered. Hence, this petition is filed. 2/5

3. The learned Additional Public Prosecutor appearing for the official respondents would submit that the fourth respondent lodged a complaint against the petitioner and they conducted enquiry and thereafter, it was closed. For enquiry purpose, they called the petitioner but the petitioner has not cooperated for the enquiry. However, the complaint of the fourth respondent was closed and the third respondent has not harassed the petitioner as alleged by the petitioner.

4. Since the prayer of the petitioner is not to harass the petitioner in the guise of enquiry and the third respondent also already closed the complaint lodged by the fourth respondent as against the petitioner and they have also not harassed the petitioner, recording the above said submission of the learned Additional Public Prosecutor appearing for the official respondents, this Criminal Original Petition stands closed.

05.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR 3/5

To 1.The Superintendent of Police, Virudhunagar District.

2.The Deputy Superintendent of Police, Sivakasi, Virudhunagar District.

3.The Inspector of Police, Sivakasi Town Police Station, Virudhunagar District.

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

5.The District Munsif Court, Sivakasi.

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P.DHANABAL, J.

BTR 05.03.2025 5/5