Sobha v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Sobha : Petitioner Vs.

1.The state of Tamil Nadu rep, by the Superintendent of Police, Tenkasi District, Tenkasi.

2.The Inspector of Police, Kadayam Police Station, Tenkasi District.

3.A.Kumar : Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to issue a direction directing the second respondent not to harass the petitioner under the guise of enquiry on the basis of the petitioner's representation dated 05.11.2024.

For Petitioner : Mr.M.Sankar For R1 & R2 : Mr.A.Thiruvadikumar Additional Public Prosecutor 1/4

ORDER

The petitioner had sent a representation on 05.11.2024 to the first respondent complaining that the second respondent police in the guise of enquiry has been causing harassment knocking the door of the petitioner' residence at odd hours. According to the petitioner, the petitioner had inherited the property in S.No.200 /1C 28, in which, 9 cents and the same was settled by the petitioner in favour of her son namely Ranjith Kumar on 19.01.2024 in Doc.No.358 of 2024. Aggrieved against the same, her brother/R3, Kumar, had lodged a false complaint as if the petitioner's father had executed a Will in respect of subject property in favour of the third respondent and the petitioner had got no right over the subject property. Since no action has been taken so far, the present petition.

2. The learned Additional Public Prosecutor appearing for the respondent police would submit that on the complaint of Kumar/third respondent, CSR.No.876 of 2024 assigned. Both the petitioner as well as Kumar were called for enquiry. It was found that the dispute is over the inheritance property between the brother and sister and the 2/4

dispute is with regard to 9 cents of land in Alankulam Village, finding that it is the civil dispute, both the parties were adviced to approach the civil forum and thereafter, complaint in CSR.No.876 of 2024 was closed and the petitioner is no more required for enquiry.

3. Recording the submission of learned Additional Public Prosecutor, nothing survives for further adjudication in this petition. Accordingly, this Criminal Original Petition is disposed of. 12.11.2024 NCC : Yes/No Index : Yes / No Rmk To 1.The Superintendent of Police, Tenkasi District, Tenkasi.

2.The Inspector of Police, Kadayam Police Station, Tenkasi District.

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

3/4

M.NIRMAL KUMAR,J.

Rmk 12.11.2024 4/4