Balaji v. The Commissioner Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.07.2024

CORAM

THE HON`BLE MR.JUSTICE B.PUGALENDHI Balaji ... Petitioner versus

1. The Commissioner of Police, Tirunelveli City, Tirunelveli.

2. The Assistant Commissioner of Police, Palayamkottai Circle, Tirunelveli City, Tirunelveli.

3. The Inspector of Police, Palayamkotttai Police Station (Crime), Tirunelveli City, Tirunelveli.

4. Jeevan Banu ... Respondents Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 and under Section 482 Cr.P.C. to direct the respondents 2 and 3 not to harass the petitioner 1/4

in the guise of enquiry.

For Petitioner : Mr.C.Saravana Kumar For R1 to R3 : Mr.M.Sakthi Kumar Government Advocate (Crl. side)

ORDER

The petitioner has approached this Court that the respondent Police is harassing him under the guise of enquiry.

2. The learned Government Advocate (Crl. Side) submits that the 4th respondent has lodged a complaint against the petitioner before the Commissioner of Police, Tirunelveli, who in turn, forwarded the same to the 3rd respondent/the Inspector of Police, Palayamkottai Police Station, Tirunelveli. The 3rd respondent Police is conducting enquiry in Current Paper No.537/COP/CAMP/PGC/TINC/2024 and the same is pending. He further submits that the complaint of the 4th respondent was received on 18.07.2024 and therefore, they have not concluded the enquiry. 2/4

3. The respondent police is not supposed to keep the petition enquiry pending for more than four weeks. The petitioner is directed to appear before the respondent Police and co-operate for enquiry. The respondent police is expected to conclude the enquiry within a period of four weeks from the date of receipt of a copy of this order. During the course of enquiry, if any cognizable offence is made out, it is open to the respondent Police to register a criminal case. If a criminal case is registered, the petitioner shall work out his remedy in the manner known to law. During the course of enquiry, the respondent police shall not to harass the petitioner.

4. With the above direction, this criminal original petition is disposed of.

26.07.2024 Index : Yes / No.

Internet: Yes / No.

NCC : Yes/No.

ogy 3/4

B.PUGALENDHI, J.

ogy To

1. The Commissioner of Police, Tirunelveli City, Tirunelveli.

2. The Assistant Commissioner of Police, Palayamkottai Circle, Tirunelveli City, Tirunelveli.

3. The Inspector of Police, Palayamkotttai Police Station (Crime), Tirunelveli City, Tirunelveli.

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

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