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Madras High CourtCRL OP/7547/2026disposed of

M.Vijayakumar v. The Deputy Commissioner Of Police

2026-03-25Honourable Mr Justice M. Nirmal Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-03-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR

1. M.Vijayakumar

2. M.Maithili Selvakumar

3. Selvakumar ..Petitioner(s) Vs

1. The Deputy Commissioner of Police Central Crime Branch, West Tambaram, Tambaram, Chennai 600 045.

2. The Assistant Commissioner of Police Central Crime Branch, Tambaram Circle, Chennai 600 045.

3. The Inspector of Police Team-8, Central Crime Branch, Tambaram City Police, Sholinganallur, Chennai 600 119.

4. K.Mahadevan ..Respondent(s) Criminal Original Petition is filed under Section 528 of B.N.S.S., to direct the third respondent police not to harass the petitioners in the guise of enquiry. For Petitioner(s):

Mr.A.Kumara Guru for M/s.K.M.Vijayan Associates For Respondent(s):

Mr.Leonard Arul Joseph Selvam, Addl. Public Prosecutor for R1 To R3 Mr.M.Mohamed Saifulla for R4

ORDER

The present Criminal Original Petition has been filed seeking a direction to the third respondent police not to harass the petitioners under the guise of enquiry.

2.

The contention of the petitioners is that a purely civil dispute between the petitioners and one Mahadevan had been given a criminal colour and is projected as a case of misappropriation and cheating. It is their case that they have been unnecessarily harassed, despite having appeared before the third respondent on 13.03.2026 and having submitted copies of the plaint in O.S.No.246 of 2025 as well as the complaint under Section 138 of Negotiable Instruments Act in S.T.C.No.127 of 2026. Notwithstanding the same, the petitioners were compelled to appear before the respondent police and were conerced to settle the alleged claim of the said Mahadevan. 3.

The learned Additional Public Prosecutor appearing for the respondents 1 to 3 submitted that the said Mahadevan has lodged a complaint against the petitioners and others, namely, Vijayakumar, Mythili Selvakumar and Selvakumar, Saravanan, Padma Priya and Devadoss. The said complaint was registered in C.No.100/DC/CCB/COP/PG/2026 and summons were issued

to the petitioners. Pursuant to the summons, the petitioners appeared for enquiry on 13.03.2026. It is further submitted that though the petitioners undertook to produce relevant documents in support of their contentions, they failed to do so. It is also contended that there had been several transactions between the parties and that the de facto complainant had entered into a business arrangement for the supply of building materials, wherein, the profit-sharing ration was agreed at 92% to 8%. It is alleged that one Saravanan, acting as cashier, by way of false accounting, misappropriated funds and cheated the de facto complainant. Thereafter, an agreement was entered into with one Devadoss, whereby the de facto complainant and the said Devadoss agreed to purchase a property and share it equally at 50% each. However, the said terms were allegedly not honoured, resulting in a dispute involving a sum of Rs.62 crores. It is therefore contended that the petitioners were called only for enquiry following due issuance of summons, which is now being miscontrued as harasment. 4.

Heard the submissions made on either side and perused the materials available on record.

5.

The third respondent is directed to issue summons to the petitioners and proceed with the enquiry in accordance with law. The petitioners shall appear before the third respondent police pursuant to such summons. In respect of women persons alleged to be involved in the transaction, they shall be

summoned only under exceptional circumstances, and any enquiry, if required, shall be conducted by a woman police officer. 6.

With the above directions, this Criminal Original Petition stands disposed of.

25-03-2026 Index: Yes/No Speaking/Non-speaking order VKR To 1.The Deputy Commissioner of Police Central Crime Branch, West Tambaram, Tambaram, Chennai 600 045.

2.The Assistant Commissioner of Police Central Crime Branch, Tambaram Circle, Chennai 600 045.

3.The Inspector of Police Team-8, Central Crime Branch, Tambaram City Police, Sholinganallur, Chennai 600 119.

4.The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR, J.

VKR 25-03-2026