Ashok v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2025

CORAM

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

1.The Superintendent of Police, Office of the Superintendent of Police, Theni District.

2.The Inspector of Police, Theni Police Station, Theni District.

3.Murugeswari ... Respondents Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S., 2023, to direct the respondent police not to harass the petitioner on the guise of enquiry except through due process of law and pass such other orders as this Court.

For Petitioner : Mr.J.Vishnu For R-1 & R-2 : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) 1/5

ORDER

This Criminal Original Petition has been filed to direct the respondent police not to harass the petitioner on the guise of enquiry without due process of law.

2. According to the petitioner, the respondent police called the petitioner under the guise of enquiry without any summons and without any reasons. In fact on 31.10.2024 while he was driving auto near Convent School at Maruti Bakery, he saw that a person suffering from a severe accident and strugglling for his life and the petitioner rescued him and admitted in the hospital through 108 Ambulance. While so, the second respondent frequently called the petitioner for enquiry and he also sent a representation, dated 05.03.2025 explaining all the facts 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 husband of the third respondent met with an accident and this petitioner admitted the injured in the hospital through 2/5

108 Ambulance. Thereby, for enquiry purpose, they called the petitioner but the petitioner appeared and stated that he does not know about the particulars of the vehicle which caused the accident. Thereafter, the respondents called the petitioner for further enquiry and they have not harassed the petitioner as alleged by him. Therefore, the petition is liable to be dismissed.

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

5. The prayer of the petitioner is to direct the respondents not to harass the petitioner. The second respondent denied the alleged harassment and they called the petitioner only for enquiry purpose. Therefore, recording the above said submission of the learned Government Advocate (Crl. Side) appearing for the official respondents, this Criminal Original Petition stands closed. 11.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR 3/5

To 1.The Superintendent of Police, Office of the Superintendent of Police, Theni District.

2.The Inspector of Police, Theni Police Station, Theni District.

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

4/5

P.DHANABAL, J.

BTR 11.03.2025 5/5