Shahana Sherin v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.03.2025 CORAM :

THE HON'BLE MR.JUSTICE P. DHANABAL Crl.O.P.(MD) No.20957 of 2024 Shahana Sherin ... Petitioner Vs.

1. The State of Tamil Nadu, Represented by the Superintendent of Police, Kanyakumari District at Nagercoil.

2. The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

3. Abdul Rahan

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the 2nd respondent police not to harass the petitioner in the guise of enquiry by interfering the civil dispute. For Petitioner : Mr.A. Balakrishnan For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioner to direct the 2nd respondent police not to harass the petitioner in the guise of enquiry by interfering the civil dispute.

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2. The learned counsel appearing for the petitioner would submit that there is a civil dispute pending between the petitioner and the 3rd respondent and based on the same, the 3rd respondent lodged a false complaint against the petitioner. Taking advantage of the same, the 2nd respondent harassed the petitioner by interfering with the civil dispute and thereby, she sent a representation on 19.10.2024, but the same has not been considered. Hence this petition.

3. The learned Government Advocate (Criminal Side) appearing for the respondents no.1 and 2 would submit that no any complaint was received from the 3rd respondent as against the petitioner. Per contra, the petitioner only sent a representation dated 19.10.2024 and the same was assigned C.S.R.No.215 of 2024. Thereafter, the petitioner has not appeared for enquiry and hence, the said complaint was closed. Therefore, nothing survives for further adjudication in this case.

4. The prayer sought for in the petition is not to harass the petitioner, but the 2nd respondent denied the allegation levelled against him and no any complaint was received from the 3rd respondent. Therefore, recording the above said submission of the learned Government Advocate, this criminal 2/4

original petition is closed.

26.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes To

1. The Superintendent of Police, Kanyakumari District at Nagercoil.

2. The Inspector of Police, Thuckalay Police Station, Kanyakumari District.

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

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P. DHANABAL , J.

Mac Crl.O.P(MD)No.20957 of 2024 26.03.2025 4/4