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Madras High CourtCRL OP(MD)/13473/2025closed

Senthilnathan v. The State Of Tamilnadu, Rep. By The Superintendent Of Police,

2025-08-12Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.08.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.13473 of 2025 Senthilnathan ... Petitioner Vs

1. The State of Tamilnadu, Rep.,by the Superintendent of Police, Sivagangai, Sivagangai District.

2. The Inspector of Police, S.S.Kottai Police Station, Sivagangai District.

3. Kavibalan,

4. Ramesh

5. Anbuselvam ... Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS, to direct the 2nd respondent not to harass the petitioner under the guise of enquiry without due process of law, on basis of the petitioners complaint dated 06.08.2025.

For Petitioner : Mr.Hari Haran.G For R1 & R2 : Mr.P.Kottai Samy Government Advocate(Crl.Side) 1/5

ORDER

This petition has been filed seeking a direction to the second respondent not to harass the petitioner under the guise of enquiry, on the basis of the petitioner's complaint dated 06.08.2025.

2. According to the learned counsel for the petitioner, the petitioner was summoned for enquiry on 02.08.2025 and he appeared before the respondent Police on that date. However, private respondent Nos.4 and 5 did not appear, and the petitioner was directed to appear again. Aggrieved by the same, the present petition has been filed.

3. The learned Government Advocate (Crl. Side) submitted that, based on the complaint given by respondent No.3 before the first respondent, the second respondent had initially conducted a current paper enquiry, which has now been treated as a petition enquiry in CSR No.165 of 2025, dated 04.08.2025. He further submitted that the nature of the complaint is that the petitioner, on the promise of arranging jobs, had received money from respondent Nos.3 to 5 and others in the village. Since the petitioner has not co-operated with the enquiry, the Police have not been able to conclude the same.

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4. This Court has considered the rival submissions made by either side. Since it is reported that the enquiry is still pending before the second respondent Police, the petitioner is directed to appear before the second respondent Police and co-operate with the enquiry. The second respondent Police is directed to conclude the enquiry within a period of two weeks from the date of receipt of a copy of this order.

5. In the event that any cognizable offence is made out, it is open to the respondent Police to register a criminal case against the petitioner. The petitioner is at liberty to work out his remedy in the manner known to law.

6. With the above directions and liberty, this Criminal Original Petition stands disposed of.

12.08.2025 NCC : Yes/No Index : Yes/No Internet:Yes Indu 3/5

To

1. The State of Tamilnadu, Rep.,by the Superintendent of Police,, Sivagangai, Sivagangai District.

2. The Inspector of Police, S.S.Kottai Police Station, Sivagangai District.

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

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B.PUGALENDHI, J.

Indu Crl.OP(MD) No.13473 of 2025 12.08.2025 5/5