Madras High CourtCRL OP(MD)/5076/2025disposed of

Periyasamy v. The State Of Tamilnadu

2025-03-20Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2025

CORAM

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

1.The State of Tamil Nadu, Represented by, The Superintendent of Police, Tirunelveli Distict.

2.The State of Tamil Nadu, Represented by The Inspector of police, All Women Police Station, Tirunelveli Town, Tirunelveli District.

3.Amutha ... Respondents Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S., 2023, to direct the second respondent not to harass the petitioner in the guise of enquiry and pass such further or other orders as this Court. 1/5

For Petitioner : Mr.S.Vikraman For R-1 & R-2 : Mr.M.Sakthi Kumar Government Advocate (Crl. Side)

ORDER

This petition has been filed by the petitioner to direct the second respondent not to harass the petitioner in the guise of enquiry.

2. According to the petitioner, the third respondent is the wife of the petitioner and already divorce was granted in H.M.O.P.No.14 of 2023 on the file of the Sub Court, Valliyoor and thereafter, the third respondent by suppressing the material facts, lodged a complaint before the second respondent and based on the complaint, the second respondent started to harass the petitioner by frequently asking the petitioner to appear for enquiry. Therefore, the petitioner filed this petition.

3. The learned Government Advocate (Crl. Side) appearing for the official respondents would submit that the third respondent is the wife of the 2/5

petitioner and she lodged a complaint against the petitioner and for enquiry purpose, they called the petitioner but the petitioner did not appear for enquiry. They have not harassed the petitioner as alleged by him. However, they will complete the enquiry within a week and act in accordance with law.

4. Considering the limited scope of prayer sought for in this petition, this Court even without issuing notice to the third respondent inclined to dispose of this petition by recording the above said submission of the second respondent that he has not harassed the petitioner and based on the complaint given by the third respondent, he called the petitioner for enquiry and will complete the enquiry within a week. Therefore, the second respondent is directed to complete the enquiry within a period of one (1) week from the date of this order. Accordingly, this Criminal Original Petition stands disposed of. 20.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR 3/5

To 1.The Superintendent of Police, Tirunelveli Distict.

2.The Inspector of police, All Women Police Station, Tirunelveli Town, Tirunelveli District.

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

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P.DHANABAL, J.

BTR 20.03.2025 5/5