Kanaganathan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. OP(MD) No.6740 of 2025 Kanaganathan ... Petitioner Vs.

1. The State of Tamil Nadu, Represented by the Director General of Police, Kamarajar Salai, Chennai.

2. The Inspector General of Police, Southern Zone, Madurai.

3. The Deputy Inspector General of Police, Ramanathapuram Zone, Ramanathapuram.

4. The Superintendent of Police, Sivagangai District, Sivagangai.

5. The Deputy Superintendent of Police, Devakottai, Sivagangai District.

... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to direct the respondents no.1 to 4 to instruct the 5th respondent not to harass the Page No. 1 of 5

petitioners by compelling to give statements. For Petitioner : Mr.K. Kaleeswaran For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl. Side)

O R D E R

This petition has been filed by the petitioner to direct the respondents no.1 to 4 to instruct the 5th respondent not to harass the petitioners by compelling to give statements.

2. According to the petitioner, there is a money dispute pending between the petitioner and one Nachiyappan. While so, on 31.03.2025 at about 9.30 a.m, three police personnel in ununiform have approached the petitioner to come to DSP (Deputy Superintendent of Police) Office and they took the petitioner to the DSP Office through his two-wheeler . Thereafter, they threatened the petitioner to give statements as per their instructions against the Kallalal Police Station Inspector with incriminating details and they also threatened to foist false case against the petitioner, if he is not co-operated. Therefore, he sent a representation dated 31.03.2025 to the respondents no.1 to 3, but no action was taken. Page No. 2 of 5

Hence this petition.

3. The learned Government Advocate (Criminal Side) appearing for the respondents would submit that the petitioner lodged a complaint against the DSP and Inspector of Police on 31.03.2025 and the same is under enquiry by the 4th respondent. They will conduct enquiry and take appropriate action in accordance with law. However, they have not harassed the petitioner as alleged in the petition.

4. Considering the prayer sought for in the petition and the respondents also denied the alleged harassment and the petitioner only sent a representation to the 4th respondent on 31.03.2025 and the same is pending for enquiry, it is appropriate to direct the 4th respondent to conduct enquiry on the petitioner's representation and act in accordance with law. In view of the same, this Court directs the 4th respondent to consider the representation of the petitioner dated 31.03.2025 and dispose of the same in accordance with law within a period of fifteen [15] days from the date of this order.

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5. With the above said observation and direction, this Criminal Original Petition is disposed of.

15.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Mac To

1. The Director General of Police, Kamarajar Salai, Chennai.

2. The Inspector General of Police, Southern Zone, Madurai.

3. The Deputy Inspector General of Police, Ramanathapuram Zone, Ramanathapuram.

4. The Superintendent of Police, Sivagangai District, Sivagangai.

5. The Deputy Superintendent of Police, Devakottai, Sivagangai District.

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

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P. DHANABAL, J.

Mac CRL. OP(MD) No.6740 of 2025 15.04.2025 Page No. 5 of 5