Madras High CourtCRL OP(MD)/6242/2025disposed of

David Salmon v. The State Of Tamilnadu

2025-04-04Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL David Salmon ... Petitioner Vs

1. The State of Tamilnadu, Rep. by the Superintendent of Police, Tirunelveli, Tirunelveli District.

2. The Deputy Superintendent Of Police, Nanguneri, Tirunelveli District.

3. Dhanam ... Respondents PRAYER: Criminal Original petition has been filed under Section 528 of BNSS to direct the 2nd respondent not to harass the petitioner under the guise of enquiry by considering the petitioners representation dated 01.04.2025.

For Petitioner : Mr.C.Susikumar For Respondents : Mr.R.M.Anbunithi(R1-R2) Additional Public Prosecutor 1/5

O R D E R

This Criminal Original Petition has been filed to direct the 2nd respondent not to harass the petitioner under the guise of enquiry by considering the petitioner's representation, dated 01.04.2025. 2.According to the petitioner, there is a dispute between the Petitioner and the 3rd Respondent. Thereby, the 3rd Respondent lodged a complaint against the Petitioner. Taking advantage of the same, the 2nd Respondent frequently called the Petitioner for enquiry. Therefore, the Petitioner sent a representation on 01.04.2025 and the same has not been considered. Hence, this petition.

3.The learned Additional Public Prosecutor appearing for the respondent police would submit that based on the complaint lodged by the 3rd Respondent, they have called the Petitioner for enquiry. Apart from that, the 2nd Respondent has not harassed the Petitioner. Now, enquiry is pending and they will conduct enquiry and dispose the same within a period of one week.

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

5.According to the Petitioner, 2nd Respondent has harassed the Petitioner under the guise of enquiry. However, the 2nd Respondent denied the alleged harassment and stated that they have only called the Petitioner only for enquiry, based on the complaint lodged by the 3rd Respondent.

6.In view of the same, recording the submission of the learned Additional Public Prosecutor appearing for the respondent police, this Court hereby directs the 2nd Respondent to dispose of the representation of the Petitioner and the complaint of the 3rd Respondent, after conducting enquiry, within a period of one week from the date of this order, in accordance with law.

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7.With the above observations and direction, this Criminal Original Petition is disposed of.

04.04.2025 Internet :Yes Index :Yes/No NCC :Yes/No PNM To

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

2. The Deputy Superintendent Of Police, Nanguneri, Tirunelveli District.

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

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P. DHANABAL, J.

PNM ORDER IN 04.04.2025 5/5