Disposed¶34

Arumugadevi v. The State of Tamilnadu rep.by

Madras HC30 Jan 2025CRL OP(MD)/1804/2025

Case brief

AI extract

What is this about?

Arumugadevi v. State of Tamil Nadu (Superintendent of Police, Sivagangai; Inspector of Police, Sivagangai Town Crime PS; V.Sankar; Manikandan), Madras HC Madurai Bench, Crl.O.P(MD) No.1804 of 2025, 30.01.2025, Justice M. Nirmal Kumar; petition under S.528 BNSS against alleged police harassment during enquiry into money-dispute complaint dated 26.01.2025; disposed with directions for enquiry on 07.02.2025 in accordance with law.

What did the court decide?

Petition disposed of with directions: petitioner to appear before the 2nd respondent police on 07.02.2025 for enquiry with necessary documents; 2nd respondent to ensure the counterpart's presence and complete the enquiry without delay in accordance with law. No restraint order against police harassment was issued. ¶34

Arumugadevi Vs The State of Tamilnadu rep.by — Madras HC (2025) — LawSathi Research

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Crl.O.P(MD) No.1804 of 2025

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 30.01.2025

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CORAM :

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THE HONOURABLE MR.JUSTICE M. NIRMAL KUMAR

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Crl.O.P(MD) No.1804 of 2025

Arumugadevi

... Petitioner

The State of Tamilnadu Rep.By, The Superintendent of Police, Sivagangai, Sivagangai District.

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The Inspector of Police, Sivagangai Town Crime Police Station, Sivagangai District.

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V.Sankar

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Manikandan

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... Respondents

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PRAYER: Criminal Original Petition filed under 528 of BNSS Act, to directing the 2^nd respondent not to harass the petitioner under the guise of enquiry without due process of law, on basis of the petitioner's complaint, dated 26.01.2025.

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For Petitioner : Mr.T.Joshua

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For Respondents : Mr.E.Antony Sahaya Prabahar (R1,R2) Additional Public Prosecutor

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1/5

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https://www.mhc.tn.gov.in/judis

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Crl.O.P(MD) No.1804 of 2025

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Mr.M.Abdul Rashith (R3,R4)

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ORDER

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This Petition has been filed to direct the 2^nd respondent not

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to harass the petitioner under the guise of enquiry without due process of law, on basis of the petitioner's complaint, dated 26.01.2025.

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2.Heard the learned counsel for the petitioner, learned Additional Public Prosecutor for the respondents 1, 2 and the learned counsel for the respondents 3 and 4. Perused the materials available on record.

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3.The contention of the petitioner is that due to money dispute, the petitioner has sent a complaint to the respondent police against the private respondents on 26.01.2025 to conduct enquiry. However, the respondent police has not taken any action. Hence, this complaint.

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2/5 https://www.mhc.tn.gov.in/judis

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Crl.O.P(MD) No.1804 of 2025

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4.The learned Additional Public Prosecutor submitted that

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based on the complaint given by the petitioner, enquiry will be conducted by the respondent police.

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5.The learned counsel for the petitioner submitted that the

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petitioner is ready to appear for enquiry and co-operate with the investigation.

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6.In view of the above, the petitioner is directed to appear before the second respondent police on 07.02.2025 for enquiry along with necessary documents. The second respondent shall ensure the presence of the counterpart and conduct enquiry. The enquiry shall be completed without any delay and in accordance with law

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7.With the above directions, this petition stands disposed of.

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30.01.2025

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NCC :Yes/No Index :Yes/No Internet : Yes/ No Note: Issue order copy on 04.02.2025 PNM

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3/5

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https://www.mhc.tn.gov.in/judis

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Crl.O.P(MD) No.1804 of 2025