Madras High CourtCRL OP(MD)/4671/2025closed

Lilly Jemi v. The State Of Tamilnadu

2025-03-13Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Crl.O.P(MD)No.4671 of 2025

1. Lilly Jemi

2. M.Prabu ... Petitioners Vs.

1. The State of Tamil Nadu, Representation by the Superintendent of Police, Tirunelveli District.

2. The Deputy Superintendent of Police, District Crime Branch, Tirunelveli District.

3. The Inspector of Police, District Crime Branch, Tirunelveli District.

4. Santanaraj ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), to give appropriate direction to the respondents 2 and 3, not to harass the petitioners in the case of civil disputes as enquiry with the retribution motivation of the 4th respondent.

For Petitioner : Mr.M.Laxmi Mahendraa, For R1 to R3 : Mr. M.Sakthi Kumar Page No. 1 of 4

Government Advocate (Crl. Side)

O R D E R

This petition has been filed by the petitioner to direct the respondents no.2 and 3, not to harass the petitioners in the case of civil dispute.

2. According to the petitioner, there is a civil dispute pending between the petitioners and the 4th respondent and thereby, the 4th respondent lodged a complaint before the learned Judicial Magistrate No. 1, Tirunelveli. Thereafter, the learned Judicial Magistrate has also forwarded the complaint to the 3rd respondent and now the 3rd respondent taking advantage of the same, started to harass the petitioners. Hence this petition.

3. The learned Government Advocate (Criminal Side) appearing for the respondents no.1 and 3 would submit that the 4th respondent lodged a complaint before the Judicial Magistrate No.I, Tirunelveli under Section 175(3) of BNS, 2023 and the same was forwarded to the 3rd respondent, and based on that order, the 3rd respondent called the petitioners for enquiry. Apart from that, they have not harassed the petitioner. Page No. 2 of 4

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

5. According to the petitioners, the 3rd respondent harassed the petitioners by insisting them to appear for enquiry, but the 3rd respondent denied the harassment and they only called the petitioners for enquiry based on the order passed by the Judicial Magistrate No.I, Tirunelveli. Considering the prayer of the petitioner, this Court recording the above said submission of the 3rd respondent inclined to close this petition. Accordingly, this Criminal Original Petition is closed. 13.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No mac Page No. 3 of 4

P.DHANABAL.

J, Mac To 1.The Superintendent of Police, Tirunelveli District.

2. The Deputy Superintendent of Police, District Crime Branch, Tirunelveli District.

3. The Inspector of Police, District Crime Branch, Tirunelveli District.

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

Crl.O.P(MD)No.4671 of 2025 13.03.2025 Page No. 4 of 4