Malaiarasan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2024

CORAM

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

1. The Superintendent of Police Tirunelveli District

2. The Deputy Superintendent of Police Ambasamudram Sub Division Tirunelveli District

3. The Inspector of Police Ambasamudram Police Station Tirunelveli District

4. The Inspector of Police Vickramasingapuram Police Station Tirunelveli District

5. Ramkumar

6. Ajithkumar .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS to direct the second respondent not to harass the petitioner on the complaint given by the respondents 5 and 6.

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For Petitioner : Mr.R.Anand For Respondents : Mr.A.Thiruvadikumar No. 1 to 4 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the second respondent not to harass the petitioner on the complaint given by the respondents 5 and 6.

2. The petitioner was settled with property by his mother. Originally this property was purchased by petitioner's mother Shanmugathai on 18.04.2024 in document No. 33 of 2024 for valuable consideration. Now the respondents 5 and 6 claim that the property was sold for lesser price to the mother of the petitioner and forcing the petitioner either to reconvey the property or pay huge amount as demanded by them. When the petitioner refused they have approached the second respondent and the second respondent is harassing the petitioner , calling the petitioner and forcing the petitioner to comply the demand of the respondents 5 and 6. Hence filed the above petition.

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3. The learned Additional Public Prosecutor produced a copy of the report of the third respondent dated 15.08.2024 which reveals that neither the fifth respondent nor the sixth respondent lodged complaint and no complaint is pending against the petitioner and hence there is no threat or force caused either by the second or third respondent and settle the property in favour of the respondents 5 and 6.

4. From the enquiry report it is seen that the third respondent had submitted a report to the second respondent who had also acknowledged the same on 17.08.2024.

5. The learned Additional Public Prosecutor further submitted that there is no complaint pending against the petitioner and the question of harassment and calling for enquiry does not arise.

6. In view of the same, the Criminal Original Petition stands closed. 29.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No aav 3/5

To

1. The Superintendent of Police Tirunelveli District

2. The Deputy Superintendent of Police Ambasamudram Sub Division Tirunelveli District

3. The Inspector of Police Ambasamudram Police Station Tirunelveli District

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

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M.NIRMAL KUMAR,J.

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