S.Balaji v. The State Of Tamilnadu Rep.By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-03-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR S.Balaji S/o.Selvaraj, No.831, Sullivan Street, Coimbatore-641 001.

..Petitioner(s) Vs

1. The State of Tamilnadu rep.by, The Commissioner of Police, Coimbatore City, Coimbatore.

2. The Inspector of Police, B-3 Variety Hall Road Police Station, Coimbatore City.

..Respondent(s) Criminal Original Petition is field under Section 528 of B.N.S.S., to issue appropriate directions to the respondents, particularly the second respondent, not to harass the petitioner under the guise of enquiry in respect of the civil dispute with one Sona and direct the respondents to follow due process of law in accordance with the provisions of law.

For Petitioner(s):

Mr.M.Balaji For Respondent(s):

Mr.Leonard Arul Joseph Selvam, Additional Public Prosecutor

ORDER

The present Criminal Original Petition has been filed seeking a direction to the respondents not to harass the petitioner under the guise of enquiry.

2.

The case of the prosecution is that the petitioner has received gold from the complainant valued at approximately Rs.12,46,980/- for the purpose of making a necklace and has neither returned the said gold nor paid its value. Hence the case.

3.

The learned counsel for the petitioner submitted that the alleged transaction pertains to the year 2014 and that a false complaint has now been lodged against the petitioner with an ulterior motive. 4.

The Additional Public Prosecutor appearing for the respondents submitted that the petitioner was summoned for enquiry on 08.01.2026, but he failed to appear before the respondent police and has instead filed the present petition.

5.

Considering the submissions made on either side, this Court is of the view that the petitioner cannot evade enquiry. However, at the same time,

the respondent police are bound to conduct the enquiry strictly in accordanc with law.

6.

In the result, this Criminal Original Petition is disposed of with the following directions:

(I) the petitioner shall appear before the respondent police on 23.03.2026 for enquiry (ii) the respondents police shall not harass the petitioner under the guise of enquiry and shall follow due process of law. (iii) the respondents police shall not resort to any coercive action against the petitioner except in accordance with law. 17-03-2026 Index: Yes/No Speaking/Non-speaking order VKR To 1.The Commissioner of Police, Coimbatore City, Coimbatore.

2.The Inspector of Police, B-3 Variety Hall Road Police Station, Coimbatore City.

3.The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR, J.

VKR 17-03-2026