Vijayaraghavan Chettiar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Vijayaraghavan Chettiar ... Petitioner Vs.

1.The Superintendent of Police, District Police Office, TVS Tollgate, Subramaniapuram, Trichy-20, Trichy District.

2.The Inspector of Police, Manachanallur Police Station, Manachanallur, Trichy District.

3.J.Govindaraj 4.K.P.Vadagiri ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent herein not to harass the petitioner as well as not to interfere in the civil dispute which is presently pending between 1/6

the petitioner and the respondents 3 and 4 herein in light of the petitioner's representation dated 26.09.2024. For Petitioner : Mr.R.Sundar For R1 & R2 : 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 second respondent not to harass the petitioner as well as not to interfere in the civil dispute which is presently pending between the petitioner and the respondents 3 and 4 in light of the petitioner's representation dated 26.09.2024.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that on the basis of the complaint given by the respondents 3 and 4, two CSRs came to be registered in CSR Nos.701 of 2024 and 798 of 2024 and enquiry is pending.

3. The learned counsel appearing for the petitioner would submit that there existed property dispute between the parties and that the 2/6

second respondent has been harassing the petitioner directing him to produce documents.

4. The learned Government Advocate (Criminal Side) appearing for the respondents 1 and 2 would submit that the petitioner may be directed to appear for enquiry and if they comes to know that it is a civil dispute, they will close the complaints.

5. Considering the above, the following directions are issued:- "(a) The second respondent will issue written summons to the petitioner and to the private respondents for causing their appearance before him for enquiry. There is no question of orally summoning the parties to the police station.

(b) The second respondent will conclude the enquiry within a period of two weeks from the date of receipt of a copy of this order.

(c) If at the end of the enquiry, cognizable offence is made out and the second respondent proposes to register any FIR, the petitioner will be given notice of the same so 3/6

that the petitioner will have breathing time to move the concerned Court for the relief of anticipatory bail."

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

04.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Superintendent of Police, District Police Office, TVS Tollgate, Subramaniapuram, Trichy-20, Trichy District.

2.The Inspector of Police, Manachanallur Police Station, Manachanallur, Trichy District.

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

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K.MURALI SHANKAR,J.

csm Order made in Dated: 04.10.2024 6/6