L.M. Shibin Leo v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2025

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL L.M.Shibin Leo Rep by his power agent L.Leons S/o. Mr. Lazer 12/39, Nullikattu Taluk Kanyakumari District .. Petitioner Vs.

1. The Superintendent of Police Nagercoil, Kanyakumari District

2. The Inspector of Police All Women Police Station Marthandam, Kanyakumari District 3.K.C.Adharsha .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents 1 and 2 police not to harass the petitioner in the guise of enquiry.

For Petitioner : M/s.Abisha Issac for Mr.K.Ragatheesh Kumar For Respondents : Mr.M.Sakthi Kumar No.1 and 2 Government Advocate(Crl.Side) 1/5

ORDER

This Criminal Original Petition has been filed by the petitioner to direct the respondents 1 and 2 police not to harass the petitioner in the guise of enquiry.

2. The learned counsel appearing for the petitioner would submit that there is a matrimonial dispute pending between the petitioner and the third respondent. While so the third respondent lodged a false complaint against the petitioner . Based on that the second respondent is insisting the petitioner to withdraw the case pending before the Family Court, Nagercoil, hence filed the present petition.

3. The learned Government Advocate(Crl.Side) appearing for the respondents 1 and 2 would submit that the second respondent have not interfered with the family dispute pending between the petitioner and the third respondent. Only based on the complaint given by the third respondent they called the petitioner for enquiry and apart from that they have not harassed the petitioner.

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4. Considering the limited scope of prayer sought for in this petition this Court even without issuing notice to the third respondent is inclined to pass orders.

5. According to the petitioner the second respondent harassed the petitioner by interfering with the matrimonial dispute. According to the second respondent they have not harassed the petitioner by insisting him to withdraw the case before the Family Court, Madurai.

6. Considering the relief sought for in this petition and recording the submission made by the learned Government Advocate(Crl. Side) appearing for the respondents 1 and 2 that they have not harassed the petitioner, this Court directs the second respondent to complete the enquiry within a period of one week from the date of this order.

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

01.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No aav 3/5

To

1. The Superintendent of Police Nagercoil, Kanyakumari District

2. The Inspector of Police All Women Police Station Marthandam, Kanyakumari District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.DHANABAL,J.

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