Saleem v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. OP (MD) No.6420 of 2025 Saleem ... Petitioner Vs.

1. The State of Tamil Nadu, Represented by the Commissioner of Police, Madurai City.

2. The Inspector of Police, D5, Southgate Police Station, Madurai City.

3. K.Raja Hussain

4. R.Thaslima Farjana

5. R. Abdul Khadar

6. Razia Begum

7. H. Khansha

8. Sulaiha Begum ... Respondent PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to direct the 1st respondent to instruct the 2nd respondent not to harass the petitioner and Page No. 1 of 4

his family members under the guise of enquiry on complaint made by the respondents 3 to 8 and not to interfere the civil dispute between the petitioner.

For Petitioner : Mr. S.Balaji, For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl. Side)

O R D E R

This petition has been filed by the petitioner to direct the 1st respondent to instruct the 2nd respondent not to harass the petitioner and his family members under the guise of enquiry.

2. According to the petitioner, there is a civil dispute pending between the petitioner and the respondents no.3 to 8 and thereby, a suit in O.S.No.338 of 2020 is also pending on the file of the IV-Additional District Munsif Court, Madurai. While so, without any valid reasons, the private respondents are interfering with the petitioner's possession and also involved in criminal activities. Therefore, based on the false complaint lodged by the private respondents, the 2nd respondent called the petitioner for enquiry by interfering with the civil dispute. Therefore, he has filed this petition.

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3. The learned Government Advocate (Criminal Side) appearing for the respondents no.1 and 2 would submit that the 3rd respondent lodged a complaint against the petitioner and the same was already considered and closed as civil in nature after an elaborate enquiry. Therefore, nothing survives for further adjudication.

4. Considering the prayer sought for in this petition, this Court even without issuing notice to the respondents no.3 to 8 inclined to pass orders in this petition.

5. Recording the above said submission of the learned Government Advocate, they have not harassed the petitioner and only based on the complaint lodged by the 3rd respondent, they called the petitioner for enquiry and the main petition itself was closed, nothing survives for further adjudication in this case. In view of the same, this criminal original petition is closed.

07.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Mac Page No. 3 of 4

P.DHANABAL, J.

Mac To

1. The Commissioner of Police, Madurai City.

2. The Inspector of Police, D5, Southgate Police Station, Madurai City.

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

CRL. OP(MD) No.6420 of 2025 07.04.2025 Page No. 4 of 4