S.Kasi Viswanathan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.06.2025 CORAM :

THE HON'BLE MR.JUSTICE B.PUGALENDHI S.Kasi Viswanathan ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram.

2.The Deputy Superintendent of Police, Andipatti Sub-Division, Kadamalaikundu.

3.The Inspector of Police, Myladumparai Police Station, Kadamalaikundu Theni District.

4.The Sub Inspector of Police, Myladumparai Police Station, Theni District.

5.R.Vijayakumar

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the 3rd respondent police not to harass the petitioner on the guise of enquiry except through due of law by considering the petitioner's representation dated 05.05.2025 within the time stipulated by this Court.

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For Petitioner : Mr.J.Vishnu For R1 to R4 : Mr.P.Kottaichamy Government Advocate (Crl. Side)

ORDER

The petitioner has approached this Court with a grievance that the respondent police are harassing him in a civil dispute between the petitioner's brother-in-law and the 5th respondent. 2.The petitioner's brother-in-law is said to have borrowed money from the 5th respondent. The petitioner's brother-in-law was found missing and the petitioner has lodged a complaint and it was registered in Crime No.517 of 2025 on the file of the Theppakulam Police Station for man missing. In the mean time the 5th respondent has lodged a complaint that the petitioner's brother-in-law has cheated him without paying the money. Therefore the respondent police have enquired the petitioner for finding out his whereabouts.

3.This Court considered the submissions made on either side. 2/4

4.The petitioner's brother-in-law has received money from the 5th respondent and his whereabouts are not known. For the money transaction between the petitioner's brother-in-law and the 5th respondent, the respondent police are not justified in harassing the petitioner by entertaining petition enquiry. Therefore, this petition is allowed and the petitioner shall not be harassed.

12.06.2025 DSK To 1.The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram.

2.The Inspector of Police, District Crime Branch, Ramanathapuram, Ramanathapuram District.

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

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B.PUGALENDHI,J DSK 12.06.2025 4/4