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Madras High CourtCRL OP(MD)/15689/2025disposed of

N.Ramji v. The State Of Tamil Nadu

2025-09-23Honourable Mr Justice Sunder Mohan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2025

CORAM:

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl. O.P. (MD) No. 15689 of 2025

1. N.Ramji

2. S.Santhakumar ... Petitioners Vs

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

2. The Inspector of Police, District Crime Branch, Sivagangai, Sivagnagai District.

... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to direct the respondents herein not to harass the petitioner in any manner, either in person or by any coercive means, with respect to the alleged complaint purportedly made by one Boominathan or any person connected to him and to not interfere in civil disputes. 1/6

For petitioner : Mr.V.R.Shanmuganathan For respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor For intervener : Mr.G.Thiruvarutselvan for M/s.Asaithambi *****

ORDER

The petitioner has sought for a direction to the respondents not to harass the petitioners in the guise of enquiry.

2. The learned Additional Public Prosecutor on instructions submits that based on the complaint given by one Boominathan, an enquiry was initially conducted by the Inspector of Police, Devakottai Town Police Station and thereafter the case was transferred to the second respondent; and that now the second respondent after enquiry has closed the complaint as 'Civil in Nature'. 2/6

3. In the meantime, it appears that when the petitioners appeared for enquiry before the Inspector of Police, Devakottai Town Police Station, there was a wordy quarrel between the petitioner and the Inspector, and the petitioners are further alleged to have threatened the Public Servants namely the Mr.Gowtham, Deputy Superintendent of Police and Mr.Periyar, Inspector of Police, Devakottai Town Police Station and committed the offences under section 132 BNS.

4. This Court heard Mr.Gowtham, the Deputy Superintendent of Police, Devakottai who is present before this Court. This Court is of the view of that the police cannot be said to be wholly unjustified in registering an FIR. However, the Deputy Superintendent of Police, Devakottai fairly submitted that in order to give a quietus to the issue, he would withdraw the complaint. This Court places on record its appreciation for the fairness shown by Mr.Gowtham, the Deputy Superintendent of Police, Devakottai.

5. Mr.Thiruvarutselvan, sought to intervene on behalf of the said complainant Bomminathan.

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6. With the above observations and without expressing any opinion on the merits, this Criminal Original Petition is disposed of with a liberty to the complainant to challenge the closure report before the learned Judicial Magistrate in accordance with law if he is so advised. The second respondent is directed to serve the copy of closure report to the complainant/intervener forthwith. Index : Yes / No 23.09.2025 Internet : Yes / No gvn 4/6

To

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

2. The Deputy Superintendent of Police, Devakottai, Sivagangai District.

3. The Inspector of Police, District Crime Branch, Sivagangai, Sivagnagai District.

4. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai 5/6

SUNDER MOHAN , J.

gvn Crl.O.P.(MD) No. 15689 of 2025 23.09.2025 6/6