Binu Kumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 26.03.2025

CORAM:

THE HON'BLE MR.JUSTICE P. DHANABAL Binu Kumar .. Petitioner Vs.

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

2.The Inspector of Police, All Women Police Station, Marthandam, Kanyakumari District.

3.The Sub-Inspector of Police, All Women Police Station, Marthandam, Kanyakumari District.

4.Binisha .. Respondents Prayer : Petition is filed under Section 528 of BNSS to direct the second and third respondents not to harass the petitioner against law. For Petitioner : Mr.C.T.Perumal For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.side) 1/5

ORDER

This petition is filed by the petitioner to direct the second and third respondents not to harass the petitioner without due process of law.

2. According to the petitioner, the fourth respondent is his wife and she lodged a false complaint against the petitioner, based on the same, the second and third respondents frequently called the petitioner and insisted to settle the matter. Therefore, the petitioner sent a representation on 31.01.2025 and the same has not been considered. Hence, this petition.

3. The learned Government Advocate (Crl.side), on instructions, would submit that there is a matrimonial dispute pending between the petitioner and the fourth respondent, thereby the fourth respondent lodged a complaint and the same was closed, after enquiry. The petitioner also appeared for enquiry. Thereafter, he sent a representation on 31.01.2025 as against the police officials and the same is under enquiry before the Deputy Superintendent of Police, Marthandam. Now, the Deputy 2/5

Superintendent of Police called the petitioner for enquiry based on the petitioner's complaint, apart from that, there is no harassment made by the second and third respondents.

4. Considering the prayer sought in this petition, this Court, without issuing notice to the fourth respondent, is inclined to pass order.

5. The prayer sought for in this petition is to direct the second and third respondents not to harass the petitioner. But, they denied the alleged harassment stating that based on the complaint given by the petitioner, the Deputy Superintendent of Police, Marthandam, called the petitioner for enquiry. Apart from that, there is no harassment made by the respondents. Recording the submission of the learned Government Advocate (Crl.side), this Criminal Original Petition is closed.

26.03.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No Rmk 3/5

To:

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

2.The Inspector of Police, All Women Police Station, Marthandam, Kanyakumari District.

3.The Sub-Inspector of Police, All Women Police Station, Marthandam, Kanyakumari District.

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

4/5

P. DHANABAL ,J.

Rmk 26.03.2025 5/5