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Madras High CourtCRL OP(MD)/14870/2024disposed of

G.Parthiban v. The State Of Tamilnadu

2024-09-05Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR G.Parthiban ... Petitioner Vs.

1.The State of Tamilnadu rep. by The Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The Deputy Superintendent of Police, Vallioor, Tirunelveli District.

3.The Inspector of Police, Pazhavoor Police Station, Pazhavoor, Radhapuram Taluk, Tirunelveli District.

4.The Inspector of Police, Panagudi Police Station, Panagudi, Radhapuram Taluk, Tirunelveli District.

... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to issue a direction to the respondents 3 and 4 to not to harass the 1/4

petitioner under the guise of enquiry by the considering the petitioner representation dated 24.08.2024.

For Petitioner : Mr.V.Sukumar For Respondents : Mr.P.Kottai Chamy Government Advocate (Crl. Side)

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the respondents 3 and 4 not to harass the petitioner under the guise of enquiry by considering the petitioner's representation dated 24.08.2024.

2. It is not in dispute that the petitioner is having one previous case, which was registered in Crime No.128 of 2023 for the offence under Section 379 IPC and the same is pending for investigation.

3. The learned counsel appearing for the petitioner would submit that the respondents have been directing the petitioner to appear for enquiry again and again and threatening to register false complaint against the petitioner, that they have been directing the petitioner to 2/4

appear or otherwise they will initiate proceedings under Section 110 Cr.P.C. and that therefore the petitioner was constrained to file present petition.

4. The learned Government Advocate (Criminal Side) appearing for the respondents would submit that the respondent police have not issued any summons for the appearance of the petitioner.

5. Even according to the prosecution, except the case registered in Crime No.128 of 2023, the petitioner is not having any other case. Considering the above, the respondents are directed not to harass the petitioner in any way.

6. With the above direction, this Criminal Original Petition stands disposed of.

05.09.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm 3/4

K.MURALI SHANKAR,J.

csm To 1.The Superintendent of Police, Tirunelveli, Tirunelveli District.

2.The Deputy Superintendent of Police, Vallioor, Tirunelveli District.

3.The Inspector of Police, Pazhavoor Police Station, Pazhavoor, Radhapuram Taluk, Tirunelveli District.

4.The Inspector of Police, Panagudi Police Station, Panagudi, Radhapuram Taluk, Tirunelveli District.

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

Order made in Dated: 05.09.2024 4/4