S.Sivarajakani v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. OP(MD) No.6696 of 2025 S.Sivarajakani ... Petitioner Vs.

1. The State of Tamil Nadu, Represented by the Commissioner of Police, O/o. Commissioner of Police, Alagarkovil Main Road, Madurai.

2. The Inspector of Police, District Crime Branch-II, Commissioner of Police Building, Alagarkovil Main Road, Madurai.

3. Sabar Nisha ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to direct the respondent nos.1 and 2 not to harass the petitioner without due process of law.

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For Petitioner : Ms.T. Seeni Syed Amma for M/s. Roy and Roy Associates For R1 and R2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side)

O R D E R

This petition has been filed by the petitioner to direct the respondents nos.1 and 2 not to harass the petitioner without due process of law.

2. According to the petitioner, the 3rd respondent lodged a false complaint against the petitioner and 2nd respondent police frequently called the petitioner by issuing summons for appearance. Already the petitioner appeared and explained all the facts and inspite of that, they frequently called the petitioner. Therefore, she sent a representation dated 05.04.2025 and the same has not been considered. Hence this petition.

3. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondents no.1 and 2 would submit that based on the complaint lodged by the 3rd respondent in respect of sale of unapproved plots, they called the petitioner for enquiry and she has also appeared for Page No. 2 of 5

enquiry and thereafter, she sought for adjournment to produce documents. Therefore, again they issued summon to the petitioner for enquiry. However, they will conduct enquiry and dispose of the same within fifteen days.

4. Considering the prayer sought for in the petition, this Court even without issuing notice to the 3rd respondent inclined to pass orders in this petition.

5. According to the petitioner, the 2nd respondent frequently called the petitioner for enquiry and the 2nd respondent police also admitted the receipt of the complaint lodged by the 3rd respondent and thereby, they called the petitioner for enquiry and the petitioner has also appeared for enquiry. Therefore, recording the above said submission of the 2nd respondent, this Court directs the 2nd respondent to complete the enquiry within a period of fifteen days from the date of this order. It is made clear that if the dispute is in respect of civil matter, then the 2nd respondent has to follow the circular issued by the higher authorities in this regard. Page No. 3 of 5

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

09.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Mac To

1. The Commissioner of Police, O/o. Commissioner of Police, Alagarkovil Main Road, Madurai.

2. The Inspector of Police, District Crime Branch-II, Commissioner of Police Building, Alagarkovil Main Road, Madurai.

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

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P.DHANABAL, J.

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