J.Sagayamary @ Nirmala Sahayamary @ Nimmi John v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.12.2024
CORAM
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR 1.J.Sagayamary Alias Nirmala Sahayamary Alias Nimmi John 2.A.John Bosco .. Petitioners Vs.
1.The Commissioner of Police, C.O.P.Office, TVS Tollgate, Subramaniapuram, Trichy-20, Trichy District.
2.The Assistant Commissioner of Police, L and O Golden Rock Range, Ponmalai, Trichy, Trichy District.
3.The Inspector of Police, Law and Order, Ariyamangalam Police Station, Ariyamangalam, Trichy, Trichy District.
4. Vimal Anand .. Respondents 1/5
PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the 3rd respondent herein not to harass the petitioners as well as not to interfere in the civil dispute which is presently pending between the petitioners and 4th respondent herein in light of the petitioners' representation dated 30.11.2024 .
For Petitioners : Mr.R.Sundar For R1 to R3 : Mr.A.Thiruvadikumar Additional Public Prosecutor
ORDER
The petitioners, who are the senior citizens and being harassed by the third respondent police on the instigation of the fourth respondent, had filed this petition seeking not to harass.
2. The fourth respondent is none other than the petitioners' son. Earlier, the petitioners had settled their property in favour of the fourth respondent on the understanding and promise that the fourth respondent would take care of his aged parents/petitioners herein. After settlement of the property, the fourth respondent and his wife started neglecting the petitioners and also harassment them. They had taken steps to resolve the issue through elders, but the issue could not be resolved. Finally, the 2/5
petitioners had given representation to the Collector, which was forwarded to the Revenue Divisional Officer, who conducted enquiry under the Senior Citizens Act and finding that the fourth respondent neglected the petitioners, set aside the earlier settlement. Aggrieved against the same, the fourth respondent and his wife sent false complaint against the petitioners. Based on the same, the fourth respondent was also exerting pressure on the petitioners, harassed, abused, called them at odd hours frequently and visiting of police to their residence is also causing more embarrassment.
3. The learned Additional Public Prosecutor appearing for the respondent police, on instructions, would submit that on the complaint of Roobi, wife of Vimal/ fourth respondent given to Chief Minister Cell, which was forwarded to the respondent police, the respondent police had registered CSR No.319 of 2024 and thereafter, on enquiry, finding that it is the family dispute, CSR.No.319 of 2024 has been closed on 05.12.2024. He further submitted that instructions have been given to the police not to disturb the senior citizens with regard to the dispute of transaction of settlement deed. He would also advice the police that the subject property is the petitioners' self acquired property and they are entitled to enjoy the 3/5
same, still their last breath. He further submitted that police would not interfere in the family dispute. As on date, the petitioners are not required and they will not be disturbed.
4. Recording above, the Criminal Original Petition is closed. 11.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No Rmk To 1.The Commissioner of Police, C.O.P.Office, TVS Tollgate, Subramaniapuram, Trichy-20, Trichy District.
2.The Assistant Commissioner of Police, L and O Golden Rock Range, Ponmalai, Trichy, Trichy District.
3.The Inspector of Police, Law and Order, Ariyamangalam Police Station, Ariyamangalam, Trichy, Trichy District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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M.NIRMAL KUMAR,J.
Rmk 11.12.2024 5/5