Madras High CourtCRL OP(MD)/15522/2024closed

Balamurugan v. The State Of Tamil Nadu

2025-03-19Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :19.03.2025 CORAM :

THE HON'BLE MR.JUSTICE P. DHANABAL Crl.O.P.(MD) No.15522 of 2024 Balamurugan ... Petitioner Vs.

1. The State of Tamil Nadu, Rep. by the Inspector General of Police, South Zone, Madurai.

2. The Superintendent of Police, Sivagangai,

3. The Revenue Divisional Officer Cum Sub Divisional Magistrate, Devakkottai Revenue Division, Devakkottai, Sivagangai District..

4. The Deputy Superintendent of Police, Thiruppathur Sub Division,

5. The Inspector of Police,

6. Kavitha, O/o the Inspector of Police, 1/5

7. Lenin, O/o the Sub Inspector of Police,

8. Muthukaruppan, S/o Aandichamy, O/o Special Sub Inspector of Police,

9. Haritha Priya ... Respondents Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the 4th and 5th respondents not to harass the petitioner and his family members based on his representation dated 04.09.2024 in any manner under the guise of enquiry based on the 9th respondent false complaint.

For Petitioner : Mr.J.Prabu for A.Prasanna Rajadurai For R1 to R5 : Mr.M.Sakthi Kumar Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioner to direct the 4th and 5th respondents not to harass the petitioner and his family members, based on his representation dated 04.09.2024. 2/5

2. According to the petitioner, there is a dispute pending between the petitioner and the private respondent no.9 in respect of properties and a civil case is also pending. While so, the respondents no.4 and 5 frequently called the petitioner for enquiry based on the complaint given by the private respondent. The petitioner has also sent a representation dated 04.09.2024 referring all the things and in spite of that, the respondents no.4 and 5 frequently harassing the petitioner. Hence this petition.

3. The learned Government Advocate (Criminal Side) appearing for the respondents no.1 to 5 would submit that based on the complaint given by the private respondent, they called the petitioner for enquiry and thereafter, the complaint was closed. The respondents have not harassed the petitioner as alleged by him.

4. Considering the limited scope of prayer sought for in this petition, this Court even without issuing notice to the private respondents no.6 to 9 inclined to dispose the petition by recording the submission of the respondent police that they have not harassed the petitioner and based on the complaint given by the private respondent, they called the petitioner for enquiry and thereafter, the enquiry was closed. In view of the same, this 3/5

criminal original petition is closed.

19.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes Mac To 1.The Inspector General of Police, South Zone, Madurai.

2. The Superintendent of Police, Sivagangai,

3. The Revenue Divisional Officer Cum Sub Divisional Magistrate, Devakkottai Revenue Division, Devakkottai, Sivagangai District..

4. The Deputy Superintendent of Police, Thiruppathur Sub Division,

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

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P. DHANABAL , J.

Mac 19.03.2025 5/5