Y. Vasantha v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :14.03.2025 CORAM :

THE HON'BLE MR.JUSTICE P. DHANABAL Crl.O.P(MD) No.4774 of 2025 Y. Vasantha ... Petitioner Vs.

1. The State of Tamilnadu, Represented by the Superintendent of Police, Virudhunagar District, Virudhunagar.

2. The Assistant Superintendent of Police, O/o.The Deputy Superintendent of Police, Aruppukottai, Virudhunagar District.

3. Durai

4. Malar ... Respondents Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the 2nd respondent not to harass the petitioner under the guise of enquiry frequently. For Petitioner : Mr.M.Ananth Kumar For R-1 & R2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side)

ORDER

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This Criminal Original Petition has been filed by the petitioner to direct the 2nd respondent not to harass the petitioner under the guise of enquiry.

2. The learned counsel appearing for the petitioner would submit that there is a money dispute pending between the petitioner and the private respondents and thereby, on 08.09.2024, the 3rd and 4th respondents have kidnapped the petitioner's husband and demanded Rs.10,000/-, but she paid only Rs.5000/-. For that incident, the petitioner lodged a complaint before the Watrap Police Station and they assigned C.S.R.No.554 of 2024. Immediately after the above said complaint, the petitioner's husband was released by the 3rd and 4th respondents. In that complaint, the Watrap Police Station asked the parties for enquiry and the petitioner was also examined and the same was closed. While so, the 3rd and 4th respondents had given a false complaint against the petitioner before the 2nd respondent for the money dispute. The 2nd respondent taking advantage of the above said complaint, they started to harass the petitioner by interfering with the money dispute. Therefore, the petitioner sent a representation dated 06.03.2025, but the same has not been considered. Hence this petition.

3. The learned Government Advocate (Criminal Side) appearing for 2/6

the respondents no.1 and 2 would submit that they have received the complaint from the private respondents for job rocketeering and as per the complaint, the petitioner obtained a sum of Rs.7 lakhs and for enquiry purpose, they called the petitioner, but the petitioner did not appear. Immediately, the petitioner sent a representation through postal and the same is also pending before the second 2nd respondent. However, the 2nd respondent has not harassed the petitioner as alleged in the petition and they will conduct enquiry based on the complaint given by the private respondents as well as the representation of the petitioner, and dispose of the same within two weeks.

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

5. According to the petitioner, the 2nd respondent has harassed the petitioner in the name of enquiry for the money dispute, but the 2nd respondent has denied the alleged harassment. Based on the complaint given by the private respondents for job rocketeering, they called the petitioner for enquiry, but the petitioner has not appeared. In the mean time, the petitioner also sent a representation. Therefore, according to the 3/6

respondents no.1 and 2, they will conduct enquiry in both the petitions and dispose of the same in accordance with law. In view of the same, recording the above said submission of the 2nd respondent, this Court directs the 2nd respondent to dispose of the complaint of the private respondents and the representation of the petitioner within a period of fifteen [15] days by affording opportunities to both the parties in accordance with law.

6. With the above direction, this Criminal Original Petition stands disposed of.

14.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes Mac 4/6

To

1. the Superintendent of Police, Virudhunagar District, Virudhunagar.

2. The Assistant Superintendent of Police, O/o.The Deputy Superintendent of Police, Aruppukottai, Virudhunagar District.

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

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P. DHANABAL.

J, Mac 14.03.2025 6/6