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2025 DAILYLAW 124204 (MAD)

Karthigai Priya v. The State of Tamilnadu

CRL OP(MD)/3698/2025 · 2025-02-27

P Dhanabal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.(MD)No.3698 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :27.02.2025 CORAM : THE HON'BLE MR.JUSTICE P. DHANABAL Crl.O.P.(MD)No.3698 of 2025 1. Karthigai Priya 2. Sasikala 3. M. Kavitha ... Petitioners Vs. 1. The State of Tamil Nadu, Represented by the Superintendent of Police, District Police Office, Sivagangai District. 2. The Deputy Superintendent of Police, DSP Office, Manamadurai, Sivagangai District. 3. The Inspector of Police, Manamadurai Police Station, Sivagangai District. 4. The Sub Inspector of Police, Manamadurai Police Station, Sivagangai District. 5. N. Kasimurugan ... Respondents Page no.1/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.3698 of 2025 Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the 3rd and 4th respondents not to harass the petitioner in the guise of enquiry. For Petitioners : Mr. R. Jegadeeswaran For R-1 to R4 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side) ORDER This petition has been filed by the petitioners to direct the 3rd and 4th respondents not to harass the petitioners in the guise of enquiry by interfering with the civil dispute. 2. The learned counsel appearing for the petitioners would submit that the 5th respondent is the maternal uncle of the petitioners and there is a property dispute pending between the parties, thereby the 5th respondent without seeking appropriate relief before the Civil Court has lodged a complaint before the 3rd respondent as if the petitioners have stolen 10 sovereigns of ornaments. Already the petitioners have appeared before the respondent police on 23.02.2025 for enquiry and an enquiry was conducted by the 4th respondent. However, the respondents no. 3 and 4 have frequently calling the petitioners under the guise of enquiry for the civil dispute. Hence, they have filed this petition. Page no.2/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.3698 of 2025 3. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondents no.1 to 4 would submit that the 5th respondent lodged a complaint as against the petitioners and the petitioners also lodged a complaint against the 5th respondent. Therefore, the respondent police have assigned two C.S.R numbers and the same are under enquiry. For enquiry purpose only, they called the petitioners. In the meantime, the petitioners have filed this petition. However, they will conduct an enquiry and dispose of the complaint of the petitioners as well as the 5th respondent within one week. 4. Since there is a dispute pending between the parties in respect of the property, both the parties have lodged complaints against each other and the same are under enquiry by the 3rd and 4th respondents, this Court without issuing notice to the 5th respondent directs the 3rd respondent to dispose of the complaints of the petitioners as well as the 5th respondent within one week from the date of this order. It is needless to mention that if the matter is in civil nature, the 3rd respondent police have to follow the circular issued by the higher authorities in this regard. Page no.3/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.3698 of 2025 5. With the above said observations and direction, this criminal original petition is disposed of. 27.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes mac Page no.4/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.3698 of 2025 To 1. The State of Tamil Nadu, Represented by the Superintendent of Police, District Police Office, Sivagangai District. 2. The Deputy Superintendent of Police, DSP Office, Manamadurai, Sivagangai District. 3. The Inspector of Police, Manamadurai Police Station, Sivagangai District. 4. The Sub Inspector of Police, Manamadurai Police Station, Sivagangai District. 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Page no.5/6 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.3698 of 2025 P. DHANABAL , J., mac Crl.O.P.(MD)No.3698 of 2025 27.02.2025 Page no.6/6 https://www.mhc.tn.gov.in/judis