C.Vignesh v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Vignesh : Petitioner Vs.

1.The District Superintendent of Police, O/o.The Superintendent of Police, Nagercoil, Kanniyakumari District.

2.The Deputy Superintendent of Police, Sub Division, Kanniyakumari, Kanniyakumari District.

3.The Inspector of Police, All Women police Station, Kanniyakumari, Kanniyakumari District.

4.Yashotha : Respondents PRAYER : Criminal Original Petition filed under Section 528 of B.N.S.S., to direct the third respondent not to harass the petitioner and his family members in the guise of enquiry.

For Petitioner : Mr.R.Karunanidhi 1/4

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

: Mr.B.Jameel Arasu, for R 4.

ORDER

This Criminal Original Petition has been filed, invoking Section 528 of BNSS, seeking orders, to direct the third respondent not to harass the petitioner and his family members in the guise of enquiry.

2. The learned counsel for the petitioner would submit that the respondent police has been harassing the petitioner under the guise of enquiry.

3. The learned counsel appearing for the fourth respondent would submit that the marriage between the petitioner and the fourth respondent was solemnized on 01.06.2023 and that since the marriage, the petitioner has been harassing the fourth respondent by demanding dowry and caused cruelty, the fourth respondent was constrained to lodge a complaint before the concerned police and thereafter to the first respondent and since there was no action, she was constrained to file a petition under Section 156(3) 2/4

Cr.P.C before the jurisdictional Court and the learned Magistrate has passed an order, directing the third respondent to take action, if the complaint disclose any cognizable offence.

4. The learned Government Advocate (Criminal Side) appearing for the State would submit that on the basis of the direction received from the learned Magistrate, enquiry is pending and at the enquiry, the petitioner has agreed to return the jewels and thereafter, he has not turned up for the subsequent hearings.

5. Considering the submissions made by the learned counsel on either side, the third respondent is directed to conduct enquiry and take a decision within a period of one week from the date of receipt of copy of this order.

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

10.09.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No das 3/4

K.MURALI SHANKAR,J.

das To 1.The District Superintendent of Police, O/o.The Superintendent of Police, Nagercoil, Kanniyakumari District.

2.The Deputy Superintendent of Police, Sub Division, Kanniyakumari, Kanniyakumari District.

3.The Inspector of Police, All Women police Station, Kanniyakumari, Kanniyakumari District.

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

Order made in Dated: 10.09.2024 4/4