Arumugam v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P(MD) No.5231 of 2024 Arumugam ... Petitioner Vs.

1.The Commissioner of Police Madurai City.

Madurai.

2.The Assistant Commissioner of Police Avaniyapuram Circle, Avaniyapuram, Madurai.

3.The Inspector of Police Avaniyapuram Police Station, Avaniyapuram, Madurai.

4.Saivadurai 5.Palaniselvi ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to direct the third respondent not to harass the petitioner in the guise of the enquiry and false Page No. 1 of 5

complaint of the fifth respondent on the basis of the petitioner's representation dated 27.03.2023.

For petitioner :Mr.T.Vadivelan For R1 to R3 : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) For R5 : Mr.M.Vijayan *****

O R D E R

This petition has been filed by the petitioner to direct the third respondent not to harass the petitioner in the guise of the enquiry and false complaint of the fifth respondent, on the basis of the petitioner's representation, dated 27.03.2023.

2. Mr.M.Sakthi Kumar, the learned Government Advocate (Crl.Side) takes notice for the respondents 1 to 3. Mr.M.Vijayan, the learned counsel takes notice for the fifth respondent.

3. The learned Government Advocate (Crl.Side) for the respondents 1 to 3 would submit that based on the complaint given by the fifth respondent, the third respondent police called the petitioner for enquiry and thereafter, the complaint was transferred to the Central Crime Branch, Page No. 2 of 5

Madurai in the year 2024 itself and no harassment was made by the third respondent as alleged by the petitioner. Hence, nothing survives for further adjudication.

4. The learned counsel for the fifth respondent would submit that based on the complaint given by him, the respondent police have not taken any steps so far.

5. Heard on both sides and perused the records.

6. Since the prayer of the petitioner is not to harass the petitioner and already the third respondent police transferred the case to the Central Crime Branch, Madurai, nothing survives for further adjudication.

7. Recording the submission of the learned Government Advocate (Crl.Side), this Criminal Original Petition is closed. 17.03.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd Page No. 3 of 5

To 1.The Commissioner of Police Madurai City.

Madurai.

2.The Assistant Commissioner of Police Avaniyapuram Circle, Avaniyapuram, Madurai.

3.The Inspector of Police Avaniyapuram Police Station, Avaniyapuram, Madurai.

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

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P.DHANABAL,J apd Crl.OP(MD) No.5231 of 2024 17.03.2025 Page No. 5 of 5