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Madras High CourtCRL OP(MD)/6653/2025closed

S.Mari Devi v. The State Of Tamilnadu Rep By The Commissioner Of Police

2025-04-09Honourable Mr. Justice P.Dhanabal5 pages

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.6653 of 2025 S.Mari Devi ... Petitioner Vs.

1.The State of Tamil Nadu rep., by its, The Commissioner of Police, Madurai, Madurai District.

2.The Deputy Superintendent of Police, Madurai, Madurai District.

3.The Inspector of Police, District Crime Branch, Madurai District.

4.V.P.K.Baskar

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the respondents 1 and 2 to instruct the third respondent not to harass the petitioner under the guise of enquiry pertaining to a civil dispute without following due process of law. For Petitioner : Mr.K.Dinesh For R1 to R3 : Mr.R.M.Anbunithi Additional Public Prosecutor (crl.side) 1/5

ORDER

This petition is filed by the petitioner to direct the respondents 1 and 2 to instruct the third respondent not to harass the petitioner under the guise of enquiry pertaining to a civil dispute without following due process of law.

2. According to the petitioner, there is a money dispute pending between the petitioner's husband and the fourth respondent in respect of agreement for purchase of land and thereby, the fourth respondent lodged a false complaint against the petitioner and her husband. Based on the same, the second and third respondent frequently called the petitioner and harassed her by interfering with the civil dispute. Therefore, the petitioner sent a representation on 04.03.2025 and the same has not been considered. Hence, filed this petition.

3. The learned Additional Public Prosecutor (crl.side) appearing for the respondents 1 to 3, on instructions, submits that based on the complaint lodged by the fourth respondent, they called the petitioner for enquiry, apart from that they have not harassed the petitioner as alleged in this petition. However, they will conduct enquiry and dispose of the fourth respondent's complaint along with the petitioner's representation, within a week. 2/5

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

5. According to the petitioner, the second and third respondents are interfering with the civil dispute between the petitioner and the fourth respondent and harassing her, but the second and third respondents stoutly denied the same. However, they admitted the receipt of the complaint from the fourth respondent and based on the complaint, they called the petitioner for enquiry. Therefore, recording the submission of the learned Additional Public Prosecutor (crl.side), this Court directs the second and third respondents to conduct enquiry on the fourth respondent's complaint along with the representation of the petitioner and dispose of the same, in accordance with law, within a week from the date of receipt of a copy of this order.

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

09.04.2025 NCC : Yes / No Index : Yes / No Internet : Yes Rmk 3/5

To 1.The Commissioner of Police, Madurai, Madurai District.

2.The Deputy Superintendent of Police, Madurai, Madurai District.

3.The Inspector of Police, District Crime Branch, Madurai District.

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

4/5

P. DHANABAL , J.

Rmk Crl.O.P.(MD)No.6653 of 2025 09.04.2025 5/5