M.Ragupathi Vs The State Rep By Its

Criminal Original Petition is filed under Section 528 BNSS to direct the respondent to conduct an enquiry on the petitioner’s complaint dated 08.05.2025 on the file of the Inspector of Police Vriddhachalam Police Station, for initiating action in accordance with law.

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CRL OP No. 11034 of 2026

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For Petitioner(s): Mr. M.Vijaya Kumar For Respondent(s): Mr.A.Amarnath Counsel for Govt. of Tamil Nadu (Criminal Side)

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ORDER

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This case is listed today under the caption “For maintainability”.

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This Criminal Original Petition is filed seeking direction to the respondent to conduct an enquiry on the petitioner’s complaint dated 08.05.2025 on the file of the Inspector of Police, Vriddhachalam Police Station, for initiating action in accordance with law.

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The contention of the petitioner is that the petitioner is working as a Graduate Teacher in Municipal Middle School at Pudupettai, Virudhachalam and the School Head Misters Mrs.Kamala Devi, now working as Block Educational Officer, Panruti, has received Rs.1,00,000/- and Rs.4,00,000/- on 16.07.2014 and 09.09.2014 respectively, from the petitioner on false promise of securing a job for petitioner’s brother-in-law at NLC, Neyveli. Further, the said Kamala Devi had signed an undertaking letter with her office seal acknowledging the receipt of Rs.5,00,000/-. Hence, the petitioner had sent a

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CRL OP No. 11034 of 2026

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complaint in this regard to the second respondent. Since no proper enquiry was conducted by the second respondent, the petitioner had also approached the first respondent on 08.05.2025 along with the copy of the representation and documents. Since the first respondent had also not taken any action, the present petition has been filed.

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This Court, causing doubt on the maintainability of petition invoking Section 528 of BNSS, had posed the case today for maintainability. This Court is of the view that for the grievance of the petitioner, the petitioner has to file a Writ Petition under Article 226 of the Constitution of India, and not a petition under Section 528 of BNSS.

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The learned Counsel for Government of Tamil Nadu, today, produced

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the enquiry sheet which is extracted hereunder:

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CRL OP No. 11034 of 2026

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CRL OP No. 11034 of 2026

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From the enquiry sheet it is seen that the petitioner had lodged a complaint and based on the complaint both the petitioner and the respondent were called for enquiry and during enquiry it was found that it is a dispute which is civil in nature and there was some motive. Thereafter, both the parties have been advised to approach the Civil Court and the complaint was closed.

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Now, it is for the petitioner to workout his remedy in the manner known to law.

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