Madras High CourtCRL OP(MD)/4208/2025closed

Subbaiah v. The State Of Tamilnadu

2025-03-06Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL Crl.O.P(MD)No.4208 of 2025 Subbaiah ... Petitioner Vs

1. The State of Tamilnadu, Rep by the Superintendent of Police, Sivagangai, Sivagangai District.

2. The Inspector of Police, District Crime Branch Police Station, Sivagangai District.

3. Babu Reddy ... Respondents PRAYER: Criminal Original petitions have been filed under Section 528 of BNSS to issue a direction directing the 2nd respondent not to harass the petitioner under the guise of enquiry without due process of law, on basis of the petitioners complaint, dated 28.02.2025.

For Petitioner : Mr. C.Hari Haran For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking to direct the 2nd respondent not to harass the petitioner under the guise of enquiry without due process of law, by considering his complaint, dated 28.02.2025. 2.According to the petitioner, based on the complaint lodged by the 3rd respondent, a false case has been foisted against the petitioner. Without following the procedures, the 2nd respondent police is harassing the petitioner under the guise of enquiry. Therefore, the petitioner sent the representation dated 28.02.2025, but the same has not been considered. Hence this petition.

3.The learned Additional Public Prosecutor appearing for the respondent police would submit that they have received a complaint from the 3rd respondent and only for enquiry purpose, they have called the petitioner. Thereafter, after conducting investigation they have closed the complaint given by the 3rd respondent on 01.03.2025.

4.Since the prayer of the petitioner is not to harass him and the 2nd respondent has also submitted that the complaint given against the petitioner was enquired and closed, nothing survives for further adjudication. Hence, this petition is closed.

06.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No PNM To 1.The Superintendent of Police, Sivagangai, Sivagangai District.

2. The Inspector of Police, District Crime Branch Police Station, Sivagangai District.

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

P. DHANABAL, J.

PNM Crl.O.P(MD)No.4208 of 2025 06.03.2025