Citation : 2026 Latest Caselaw 1251 Mad
Judgement Date : 13 March, 2026
CRL OP No. 6520 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-03-2026
CORAM
THE HON'BLE MR JUSTICE M. NIRMAL KUMAR
CRL OP No. 6520 of 2026
1. Sasi Kumar
2. Anjali Devi
..Petitioner(s)
Vs
1. The State Rep. by
Inspector of Police,
District Crime Branch-II,
Mayiladuthurai District,
Mayiladuthurai.
2. A.Jerald Ruben
..Respondent(s)
This petition filed under Section 528 of BNSS Act to direct the 1st
respondent/complainant not to harass the petitioners on the guise of enquiry .
For Petitioner(s): Mr.S.John Josh
For Respondent(s): Mr.Leonard Arul Joseph Selvam,
Additional Public Prosecutor, for R1
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CRL OP No. 6520 of 2026
ORDER
The Criminal Original Petition has been filed seeking a direction to the
first respondent not to harass the petitioners under the guise of enquiry.
2. The first petitioner is a Block Development Officer and the second
petitioner is his wife. The case of the prosecution is that the second respondent
had sold a portion of the property to the first petitioner and subsequently the
first petitioner settled the same in favour of his wife. Now, it has been found
that the boundary stones have been altered and the demarcation of the property
has been changed. Hence, the second respondent lodged the present complaint.
3. Based on the complaint given by the second respondent, an enquiry
was initiated in C.No.11 of 2026 and the petitioners were summoned for
enquiry. The first petitioner appeared before the first respondent on 28.02.2026
and produced documents to show that he had already sold the property to one
Gunasekaran. The first petitioner further submitted that if there is any alteration
in the boundary, the same could have been caused only by the said
Gunasekaran.
4. The learned Additional Public Prosecutor submitted that the petitioner
was directed to produce relevant documents and summons were also issued to
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the said Gunasekaran. However, the said Gunasekar has given a contra
statement. Therefore, the presence of the first petitioner is required for further
clarification.
5. The learned counsel for the petitioners on instructions, submitted that
the first petitioner will appear before the first respondent on 17.03.2026.
6. Considering the submissions made on either side and taking note of the
fact that the first petitioner is a Government Servant holding the post of Block
Development Officer, this Court is of the view that the petitioners ought to
cooperate with the enquiry instead of approaching this Court alleging
harassment.
7. Accordingly, the first petitioner shall appear before the first respondent
on 17.03.2026 and offer his explanation along with all relevant documents.
8. With the above direction, this Criminal Original Petition is disposed of.
13-03-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No PVS
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To
1. The Inspector of Police, District Crime Branch-II, Mayiladuthurai District, Mayiladuthurai.
2. The Public Prosecutor, High Court, Madras.
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M.NIRMAL KUMAR, J.
PVS
13-03-2026
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