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Madras High CourtCRL OP(MD)/17414/2024disposed of

N.Rengaraj v. The State Of Tamilnadu

2024-10-16Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.10.2024

CORAM

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

1.The Superintendent of Police, Theni District, Theni.

2.The Assistant Superintendent of Police, Bodinayakanur Division, Theni District.

3.The Inspector of Police, Thevaram Police Police Station, Theni District.

4.The Inspector of Police, Kombai Police Station, Theni District.

5.Ambiga 6.Manimeghala ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct respondents 1 and 2 to instruct the third respondent not to 1/4

interfere with the civil dispute and not to harass the petitioner and his family members under the guise of enquiry without following due process of law.

For Petitioners : Mr.K.Dinesh For Respondents : Mr.P.Kottai Chamy, Government Advocate (Criminal Side) for R1 to R4.

ORDER

This Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders, to direct respondents 1 and 2 to instruct the third respondent not to interfere with the civil dispute and not to harass the petitioner and his family members under the guise of enquiry without following due process of law.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the State would submit that on the basis of the complaint received from the victims, FIR came to be registered in Crime No.148 of 2024 for the offence under Sections 191(2), 296(b), 115(2), 351(2) of BNS; Section 4 of TNPHW Act and Section 4 of Exorbitant Interest Act 2023 against the petitioner and 2/4

others.

3. The learned counsel for the petitioner would submit that the petitioner has already filed a suit in O.S.No.481 of 2024 for recovery of money and that after the receipt of summons from the police, he has sent a legal notice intimating the pendency of the suit and that after filing of the suit, the present petition came to be filed.

4. The learned Government Advocate (Criminal Side) would submit that the victims have lodged the complaint on 26.09.2024 and after issuing summons to the both parties and after conducting enquiry, the present FIR came to be registered.

5. Recording the submission made by the learned Government Advocate (Criminal Side), the Criminal Original Petition is disposed of. The petitioner is at liberty to take appropriate proceeding in the manner known to law.

16.10.2024 NCC : Yes / No Index : Yes / No 3/4

Internet : Yes / No das K.MURALI SHANKAR,J.

DAS To 1.The Superintendent of Police, Theni District, Theni.

2.The Assistant Superintendent of Police, Bodinayakanur Division, Theni District.

3.The Inspector of Police, Thevaram Police Police Station, Theni District.

4.The Inspector of Police, Kombai Police Station, Theni District.

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

Order made in Dated: 16.10.2024 4/4