Chelladurai v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.03.2025

CORAM

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

1.The Superintendent of Police, Kanyakumari District, At Nagercoil.

2.The Deputy Superintendent of Police, Thukcalay, Kanyakumari District.

3.The Inspector of Police, Kulasekaram Police Station, Kanyakumari District.

4.Paul Dhayanath Loit ... Respondents Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S., 2023, to direct the respondents 2 and 3 not to harass the petitioner in the guise of enquiry by interfering the civil dispute.

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For Petitioner : Mr.A.Balakrishnan For R-1 to R-3 : Mr.M.Sakthi Kumar Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed to direct the respondents 2 and 3 not to harass the petitioner in the guise of enquiry by interfering the civil dispute.

2. According to the petitioner, the fourth respondent trespassed into the property of the petitioner and thereby, he lodged a complaint and they issued CSR No.131 of 2025 which is pending. While so, the fourth respondent also lodged a complaint against the petitioner and CSR No.134 of 2025 is pending. The matter is purely civil in nature. However, the respondent police insisted the petitioner to hand over the possession to the fourth respondent. Therefore, the petitioner sent a representation, dated 01.03.2025 but the same has not been considered. Hence, the petitioner filed this petition. 2/5

3. The learned Government Advocate (Crl. Side) appearing for the official respondents would submit that the petitioner lodged a complaint against the fourth respondent for trespass into the property. Similarly, the fourth respondent also lodged a complaint against this petitioner and they issued CSR Nos.131 and 134 of 2025 and the same are under enquiry. Since both the petitions are pending for enquiry, they will complete the enquiry within one week. The respondent police 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 private respondent inclined to dispose of this petition.

5. The prayer of the petitioner is to direct the second and third respondents to not to harass the petitioner in the guise of enquiry but the second and third respondents denied the allegations levelled against them and according to the respondents 2 and 3, both the parties lodged a complaint against each other and the same are under enquiry. 3/5

6. In view of the same, recording the above said submission of the learned Government Advocate (Crl. Side) appearing for the official respondents, this petition is closed.

12.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Superintendent of Police, Kanyakumari District, At Nagercoil.

2.The Deputy Superintendent of Police, Thukcalay, Kanyakumari District.

3.The Inspector of Police, Kulasekaram Police Station, Kanyakumari District.

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

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P.DHANABAL, J.

BTR 12.03.2025 5/5