Periyasamy v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.01.2025

CORAM:

THE HON'BLE MR.JUSTICE M. NIRMAL KUMAR Crl.O.P(MD).No.22760 of 2024 Periyasamy ... Petitioner Vs

1. The State of Tamilnadu, Rep. by the Superintendent of Police, Trichy District.

2. The Deputy Superintendent Of Police, Jeeyapuram, Trichy District.

3. The Inspector of Police, Vathalai Police Station, Trichy District.

4. Maimoonbeevi ... Respondents Prayer: Criminal Original Petition filed under section 528 of BNSS to direct the 3rd respondent to not to harass the petitioner and his family members on the basis of his representation, dated 16.12.2024. For Petitioner : Mr.K.Arunraj For Respondents : Mr.K.Sanjai Gandhi (R1-R3) Government Advocate (Crl.Side)

O R D E R

This Criminal Original petition has been filed to direct the 3rd respondent not to harass the petitioner and his family members on the basis of his representation, dated 16.12.2024. 2.Heard the learned counsel appearing for the petitioner, learned Government Adovcate (Crl.Side) appearing for the respondents 1 to 3.

3.It is the contention of the petitioner that the petitioner had purchased a property in S.No.385/10, for an extent of 1001 sq.ft at Kaveripalayam Village, Komangalam Majara, Musiri Taluk, Trichy District from one Pattayee vide Doc.No.2470 of 2006, dated 13.12.2006. Thereafter, he was in possession and enjoyment of the property without any hindrance. On 03.09.2019 he sold the above property to one Samsutheen, through a registered sale deed in Doc.No.2584 of 2019. In these circumstances, on account of civil dispute, the 3rd respondent Police has called for the petitioner for an enquiry, based on the complaint given by the 4th respondent, who is none other than the sister of said Samsutheen.

4.The learned Government Advocate (Crl.Side) would submit that as per the complaint received from the Superintendent of Police, Trichy, the 3rd respondent has conducted an enquiry and sent summons to the petitioner and the 4th respondent. However, without appearing for enquiry, the petitioner has come forward with this petition. 5.In response, the learned counsel for the petitioner submitted that the petitioner is ready to appear for the enquiry before the 3rd respondent on 23.01.2025 without fail and submit his explanation. 6.In view of the same, the petitioner is directed to appear before the respondent police on 23.01.2025 along with necessary documents. The third respondent is directed to ensure the presence of 4th respondent on that date and conduct an enquiry and dispose of the petitioner's complaint in accordance with law, within a period of two months, thereafter.

7.With the above directions, this Criminal Original Petition stands disposed of.

02.01.2025 Internet : Yes / No Index : Yes / No Speaking / Non Speaking order PNM To

1. The State of Tamilnadu, Rep. by the Superintendent of Police, Trichy District.

2. The Deputy Superintendent Of Police, Jeeyapuram, Trichy District.

3. The Inspector of Police, Vathalai Police Station, Trichy District.

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

M. NIRMAL KUMAR, J.

PNM ORDER IN Crl.O.P(MD) No. 22760 of 2024 02.01.2025