Selvanayagam v. The State Of Tamilnadu Rep.By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :09.04.2025 CORAM :

THE HON'BLE MR.JUSTICE P. DHANABAL Crl.O.P.(MD) No.6573 of 2025 1.Selvanayagam 2.Ulagamaal 3.Raja 4.Muthu Shankar ... Petitioners Vs.

1.State of Tamil Nadu rep., by the Commissioner of Police, Tirunelveli City, Tirunelveli District.

2.The State of Tamil nadu, rep., by the Assistant Commissioner of Police, Perumalpuram, Tirunelveli District.

3.The State of Tamil Nadu, rep., by the Inspector of Police, Perumalpuram Police Station, Tirunelveli District.

4.Subbulakshmi

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the second and third respondents not to harass the petitioners under the guise of enquiry based on the complaint given by the fourth respondent.

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For Petitioners : Mr.M.Perumal For R1 to R3 : Mr.R.M.Anbunithi Additional Public Prosecutor (crl.side)

ORDER

This petition is filed by the petitioners to direct the second and third respondents not to harass them under the guise of enquiry based on the complaint given by the fourth respondent.

2. According to the petitioners, the fourth respondent lodged a false complaint against the petitioners, based on the same, the second and third respondents are insisting the petitioners to settle the matter and also called frequently and harass them under the guise of enquiry. Therefore, they sent a representation on 03.04.2025 and the same has not been considered. Hence, this petition.

3. The learned Additional Public Prosecutor (Crl.side) appearing for the respondents 1 to 3, on instructions, submits that enquiry was already conducted and closed on the complaint given by the fourth respondent. 2/5

Again, the fourth respondent lodged a complaint against the petitioners, based on the same, they called the petitioners for enquiry. Apart from that, they have not harassed the petitioners. However, the complaint of the fourth respondent is under enquiry and they will conduct enquiry along with the petitioner's representation and dispose of the same within a week.

4. Considering the prayer sought for in this petition, this Court, without issuing notice to the fourth respondent, is inclined to passed order in this petition.

5. According to the petitioners, the second and third respondents are harassing them under the guise of enquiry. But, the second and third respondents denied the alleged allegation and states that only based on the complaint lodged by the fourth respondent, they called the petitioners for enquiry, apart from that they have not harassed the petitioners. Therefore, recording the submission of the learned Additional Public Prosecutor (crl.side), this Court directs the third respondent to conduct enquiry on the fourth respondent's complaint along with the representation of the petitioner dated 03.04.2025 and dispose of the same on merits and in accordance with law, within a week from the date of receipt of a copy of this order. 3/5

6. With the above direction, this Criminal Original Petition is disposed of.

09.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes Rmk To 1.The Commissioner of Police, Tirunelveli City, Tirunelveli District.

2.The Assistant Commissioner of Police, Perumalpuram, Tirunelveli District.

3.The Inspector of Police, Perumalpuram Police Station, Tirunelveli District.

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

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P. DHANABAL , J.

Rmk Crl.O.P.(MD)No.6573 of 2025 09.04.2025 5/5