Madras High CourtCRL OP(MD)/4657/2025disposed of

Sundaram 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.OP(MD). No.4657 of 2025

1. Sundaram

2. Renuga

3. Manickasri ... Petitioners Vs.

1. The State of Tamil Nadu, Represented by the Commissioner of Police, O/o.The Commissioner of Police, Madurai City.

Madurai.

2. The Inspector of Police, Central Crime Branch-III, Madurai City.

3. Premkumar ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), to direct the 2nd respondent and his officials not to harass the petitioners unnecessarily against law under the guise of enquiry on the basis of the petitioners representation dated 28.02.2025 to the 1st respondent. Page No. 1 of 4

For Petitioners : Mr.P.Krishnasamy For R-1 & R-2 : Mr.M.Sakthi Kumar Government Advocate (Crl. Side)

O R D E R

This petition has been filed by the petitioners to direct the 2nd respondent not to harass the petitioners under the guise of enquiry on the basis of the petitioners representation dated 28.02.2025.

2. According to the petitioners, there is a property dispute pending between the petitioners and the private respondent and thereby, the 3rd respondent lodged a complaint for the civil dispute. Based on the same, the 2nd respondent started to harass the petitioners and therefore, they sent a representation dated 28.02.2025 to the 1st respondent, but the same has not been considered. Hence this petition.

3. The learned Government Advocate (Criminal Side) appearing for the respondents no.1 and 2 would submit that the representation of the petitioners is pending for consideration. They will conduct the enquiry and dispose of the same within two weeks.

Page No. 2 of 4

4. Since the prayer of the petitioner is not to harass the petitioners and the 2nd respondent police have also admitted the pending complaint lodged by the 3rd respondent as against the petitioner, it is for the 2nd respondent to complete the enquiry and dispose the same in accordance with law. It is needless to mention that, if the matter is civil in nature, the 2nd respondent police have to follow the circular issued by the Director General of Police (DGP) in this regard. In view of the same and the recording the above said submission of the 2nd respondent police, this Court directs the 2nd respondent to complete the enquiry in accordance with law within a period of 15 days from the date of this order.

5. With the above said observations and direction, this Criminal Original Petition is disposed of. No costs. 13.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No mac Page No. 3 of 4

P.DHANABAL.

J, Mac To

1. The Commissioner of Police, O/o.The Commissioner of Police, Madurai City.

Madurai.

2. The Inspector of Police, Central Crime Branch-III, Madurai City.

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

Crl.O.P(MD)No.4657 of 2025 13.03.2025 Page No. 4 of 4