K.Radhakrishnan v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR K.Radhakrishnan ... Petitioner Vs.

1.State of Tamil Nadu, Rep. by the Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Town Police Station, Virudhunagar District.

3.S.P.S.Sattha Selvaraj ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the second respondent Police not to harass the petitioner herein. For Petitioner : Mr.M.Vijayarathinam For R1 and R2 : Mr.A.Thiruvadi Kumar Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed seeking a direction to the second respondent Police not to harass the petitioner herein.

2. The learned counsel for the petitioner submitted that the petitioner is being called for enquiry by the second respondent Police in relation to a civil dispute with the third respondent, who is the petitioner's wife's brother. The dispute arose when the petitioner and his sister sold a family property with undivided shares to a third person. Later, the third person sought a 1/4th share in the undivided property and requested a demarcation of the share. The petitioner's sister is claiming a larger share than what she is entitled to. This caused a dispute at the time of the registration of the document at the Sub Registrar Office. The petitioner's wife and the third respondent had sold the family property without demarcating the common property, and after demarcation, the third respondent demanded a larger portion than his entitlement. There was some objection at the time of execution of the document at the Sub Registrar Office. Now, the petitioner has been called for enquiry due to the said issue. The learned counsel for the petitioner also submitted that a 2/4

civil suit is pending between the petitioner's wife and the third respondent.

3. The learned Additional Public Prosecutor submitted that the Police had received an emergency call (100) from the Sub Registrar Office, which prompted the enquiry. The petitioner was called for questioning in connection with the said call, but he is no longer required.

4. Recording the above submission, this Criminal Original Petition is disposed of.

NCC : Yes / No 20.12.2024 Index : Yes / No smn2 To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2.The Inspector of Police, Town Police Station, Virudhunagar District.

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

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M.NIRMAL KUMAR, J.

smn2 Order made in Dated: 20.12.2024 4/4