Barakath Nisha v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. OP(MD) No.6896 of 2025 Barakath Nisha ... Petitioner Vs.

1. The State of Tamil Nadu, Represented by the Superintendent of Police, Ramanathapuram District.

2. The State of Tamil Nadu, Represented by the Inspector of Police, Kenikarai Police Station, Ramanathapuram District.

3. Mohamed Faisal ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to direct the 2nd respondent for not to harass the petitioner and her family in the guise of enquiry on the basis of the false complaint given by 3rd respondent. For Petitioner : Mr.B.Mahendrarajan For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) Page No. 1 of 4

O R D E R

This petition has been filed by the petitioner to direct the 2nd respondent not to harass the petitioner in the guise of enquiry on the basis of the false complaint given by 3rd respondent.

2. The learned counsel appearing for the petitioner would submit that there is a money dispute between the petitioner and the 3rd respondent and thereby, the 3rd respondent lodged a false complaint against the petitioner and based on the said complaint, the 2nd respondent harassed the petitioner to pay money to the 3rd respondent. Therefore, she sent a representation dated 29.03.2025, but the same has not been considered. Hence this petition.

3. The learned Government Advocate (Criminal Side) appearing for the respondents no.1 and 2 would submit that the 3rd respondent lodged a complaint against the petitioner alleging that the petitioner pledged the jewels of the 3rd respondent and thereafter, the 3rd respondent paid money to the petitioner. After receipt of the money, the petitioner neither returned the jewels nor repaid the money. Therefore, she lodged the Page No. 2 of 4

complaint and the same is under enquiry. For enquiry purpose, they called the petitioner and the petitioner has also appeared and assured to returned the money. In the mean time, she has filed this petition. However, they will conduct enquiry based on the complaint lodged by the 3rd respondent and take appropriate action in accordance with law.

4. Considering the prayer sought for in the petition, this Court without even issuing notice to the 3rd respondent, recording the above said submission of the 2nd respondent, this Court directs the 2nd respondent to complete the enquiry within a period of one week and take appropriate action in accordance with law.

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

17.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Mac Page No. 3 of 4

P.DHANABAL, J.

Mac To

1. The Superintendent of Police, Ramanathapuram District.

2. The Inspector of Police, Kenikarai Police Station, Ramanathapuram District.

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

CRL. OP(MD) No.6896 of 2025 17.04.2025 Page No. 4 of 4