Madras High CourtCRL OP(MD)/14399/2024disposed of

T.Rajeswari v. The Superintendent Of Police

2024-09-02Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR T.Rajeswari ... Petitioner Vs.

1.The State f Tamil Nadu rep.by The Superintendent of Police, O/o.The Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, Thiruppatur Taluk, Sivagangai District.

3.The Inspector of Police, Tiruppathur Police Station, Sivagangai District.

4.N.Kalaiyarasi ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNNS, to direct the third respondent police not to harass the petitioner under the guise of enquiry based on the summon, dated 21.08.2024 issued to the petitioner under Section 95 and 179 of BNSS Act by considering the petitioner's representation, dated 23.08.2024. 1/4

For Petitioner : Mr.R.Suresh Kumar For Respondents : Mr. P.Kottai Chamy, Government Advocate (Criminal Side) for R1 to R3.

ORDER

This Criminal Original Petition has been filed, invoking Section 528 B.N.N.S., seeking orders, to direct the third respondent police not to harass the petitioner under the guise of enquiry based on the summon, dated 21.08.2024 issued to the petitioner under Sections 95 and 179 of BNSS Act by considering the petitioner's representation, dated 23.08.2024.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the State would submit that the fourth respondent has earlier preferred a complaint before the first respondent and the same was forwarded to the third respondent; that the third respondent, after conducting enquiry in current paper, closed the petitioner and that thereafter, the fourth respondent has given complaint before the Chief Minister Cell and the same was forwarded to the third respondent.

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3. Admittedly, the fourth respondent has given second complaint with the very same set of allegations. Since the earlier complaint was closed, the question of sending summons again to the petitioner does not arise.

4. At this juncture, the learned Government Advocate (Criminal Side) would submit that they have already decided to close the matter.

5. Recording the same, the Criminal Original Petition is disposed of. 02.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No das 3/4

K.MURALI SHANKAR,J.

DAS To The Superintendent of Police, O/o.The Superintendent of Police, Sivagangai District.

2.The Deputy Superintendent of Police, Thiruppatur Taluk, Sivagangai District.

3.The Inspector of Police, Tiruppathur Police Station, Sivagangai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in Dated: 02.09.2024 4/4