Balamurugan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.03.2025 CORAM :

THE HON'BLE MR.JUSTICE P. DHANABAL Crl.O.P.(MD) No.5674 of 2025 Balamurugan ... Petitioner Vs.

1. The State of Tamil Nadu, Represented by the Superintendent of Police, Ramanathapuram, Ramanathapuram District.

2. The Inspector of Police, All Women Police Station, Ramanathapuram, Ramanathapuram District

3. The Inspector of Police, All Women Police Station, Uchipuli, Ramanathapuram District.

4. Deepika

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to issue a direction to the respondents no.2 and 3 not to harass the petitioner in guise of enquiry based upon the complaint given by the 4th respondent.

For Petitioner : Mr.S.Manojkumar For R1 to R3 : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) 1/4

ORDER

This petition has been filed by the petitioner to direct to the respondents no.2 and 3 not to harass the petitioner in the guise of enquiry based on the complaint given by the 4th respondent.

2. According to the petitioner, there is a family dispute between the petitioner and the 4th respondent and the 4th respondent is none other than the wife of the petitioner and thereby, she lodged a complaint against the petitioner. Based on her complaint, the 3rd respondent has frequently called the petitioner for enquiry. Therefore, he has filed this petition.

3. The learned Government Advocate (Criminal Side) appearing for the respondents no.1 to 3 would submit that the 4th respondent lodged a complaint against the petitioner before the 2nd respondent and the same was closed after recording the submission of the petitioner that he would return the jewels and articles belongs to the 4th respondent. Thereafter, he has not returned the articles as agreed by him and thereby, again the 4th respondent lodged a complaint before the 3rd respondent and the same is under enquiry. Therefore, they will conduct enquiry and take appropriate action in accordance with law.

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

5. According to the petitioner, the respondents no.2 and 3 harassed the petitioner, but the respondents no.2 and 3 have denied the same. According to the respondents no.2 and 3, earlier the 4th respondent lodged a complaint against the petitioner before the 2nd respondent and the same was enquired and the petitioner had also assured to return the jewels and other belongings to the 4th respondent. Thereafter, he has not returned the articles and thereby, the 4th respondent lodged a complaint before the 3rd respondent and now the same is under enquiry. Therefore, it is for the 3rd respondent to conduct enquiry and take appropriate action in accordance with law. In view of the same, this Court directs the 3rd respondent to complete the enquiry within a period of one week from the date of this order.

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

27.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes Mac 3/4

P. DHANABAL , J.

Mac To

1. The Superintendent of Police, Ramanathapuram, Ramanathapuram District.

2. The Inspector of Police, All Women Police Station, Ramanathapuram, Ramanathapuram District

3. The Inspector of Police, All Women Police Station, Uchipuli, Ramanathapuram District.

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

Crl.O.P.(MD) No.5674 of 2025 27.03.2025 4/4