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Madras High CourtCRL OP(MD)/21832/2024dismissed

D.Selvi v. The State Of Tamilnadu

2024-12-13Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.12.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR D.Selvi : Petitioner Vs.

1. The Commissioner of Police Madurai District Madurai.

2. The Inspector of Police S.S.Colony Police Station Madurai District

3. Lakshmi : Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent to not to harass the petitioner and her family members under the guise of enquiry based on her complaint/representation dated 21.11.2024.

For Petitioner : Ms. Thilagavathi For Respondents : Mr.A.Thiruvadikumar No.1 and 2 Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed to direct the second respondent to not to harass the petitioner and her family members under the guise of enquiry based on her complaint/representation dated 21.11.2024.

2. The petitioner is managing her brother's house and let out the house to the third respondent for lease amount of Rs 1 lakhs. The third respondent after vacating the property has asked for return of money for which the petitioner was delaying, hence the third respondent had lodged the complaint. . The petitioner admitted that she has received the amount of Rs. 1,00,000/ and she has to return back the amount to the third respondent and she states that she would return the same on or before 30.11.2024, recording the same the CSR was closed. Thereafter the petitioner has not paid the amount to the third respondent, hence the third respondent is enforcing the undertaking, hence the petitioner was called for enquiry which cannot be termed as harassment. 2/4

3. In view of the same, the CSR No.799 of 2024 is reopened the petitioner to be called for enquiry and in the event of finding the petitioner deceiving the third respondent appropriate action to be taken. Calling for enquiry on the criminal complaint cannot be termed as harassment.

4. Hence the petition stands dismissed.

13.12.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No aav To

1. The Commissioner of Police Madurai District Madurai.

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

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M.NIRMAL KUMAR,J.

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