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Madras High CourtCRL OP(MD)/21312/2024closed

Martin Albert Raj v. The State Of Tamilnadu

2025-02-13Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.02.2025

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL Martin Albert Raj .. Petitioner Vs.

1. The Superintendent of Police Tirunelveli District Tirunelveli

2. The Inspector of Police Cheranmahadevi Police Station Cheranmahadevi

3. Pushparaj

4. Livingston @ Lilly

5. Leena .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent herein or their subordinates not to harass the petitioner under the guise of investigation of enquiry For Petitioner : Mr.J.Parekh Kumar For Respondents : Mr.M.Sakthi Kumar No.1 and 2 Government Advocate(Crl.Side) 1/4

ORDER

This Criminal Original Petition has been filed to direct the second respondent herein or their subordinates not to harass the petitioner under the guise of enquiry.

2. The learned Government Advocate (Crl.Side) appearing for the respondents 1 and 2 would submit that already they received the complaint from the defacto complainant and thereafter CSR No.606 of 2024 assigned and the same was enquired and closed by advising the parties to approach the Civil Court and seek their remedy.

3. The learned counsel appearing for the petitioner submitted that even after closure of the complaint the respondent police restrained the petitioner from raising construction.

4. In reply the learned Government Advocate(Crl.Side) appearing for the respondents 1 and 2 would submit that already they completed construction and house warming ceremony was also conducted before one month, therefore no possibility to harass the petitioner as alleged by him. 2/4

5. Considering the limited scope of prayer sought for in the petition and also taking into consideration the submission made by the learned Government Advocate(Crl.Side) that already construction was completed and that they have not harassed the petitioner and they only advised the parties to go before the Civil Court and seek appropriate remedy without creating law and order issue, nothing survives for further adjudication in this petition.

6. In view of the same, the Criminal Original Petition stands closed. 13.02.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No aav To

1. The Superintendent of Police Tirunelveli District Tirunelveli

2. The Inspector of Police Cheranmahadevi Police Station Cheranmahadevi 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.DHANABAL,J.

aav 13.02.2025 4/4