M.V.Dharmesh v. The State Of Tamil Nadu Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.04.2026

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR M.V. Dharmesh ... Petitioner vs.

The State of Tamil Nadu, Rep., by The Inspector of Police, Central Crime Branch, EDF-III, Avadi, Chennai - 600 054.

... Respondent Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the respondent not to harass the petitioner and his family members in the pretext of enquiry. For Petitioner : Mr. S. Suresh For Respondent : Mr. Leonard Arul Joseph Selvam, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed seeking a direction to the respondent not to harass the petitioner and his family members under the pretext of enquiry.

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2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent.

3. Considering the submissions and upon perusal on the materials available on record, it is seen that the petitioner and one Radhakrishnan, the defacto complainant, were jointly carrying on business in the name of M/s. MCB Developers. The defacto complainant had invested a sum of approximately Rs.61.83 crores, while the petitioner had invested approximately Rs.2.32 crores.

4. The issue arises from the allegation that a power of attorney document was executed in the name of the defacto complainant's wife without obtaining a life certificate and by using the same, certain properties have been sold. Consequently, a complaint has been lodged against the petitioner for offences including cheating, misappropriation and creation of forged documents. For this purpose, the petitioner has been called for enquiry.

5. The learned counsel for the petitioner submitted that the petitioner is ready to appear before the respondent on 27.04.2026 along with all Page No.2 of 4

relevant documents in support of his contentions. Upon such appearance, the respondent police shall verify the documents and thereafter proceed with the enquiry in accordance with law. The learned counsel for the petitioner further submitted that the petitioner had already submitted all the documents on 06.04.2026, but no further action was taken.

6. The learned Additional Public Prosecutor submitted that although documents were submitted on 06.04.2026, the petitioner was not available for enquiry to clarify the genuineness of the documents and therefore, the petitioner has now been called for enquiry.

7. Recording the submission made by the learned counsel for the petitioner, this Criminal Original Petition is disposed of. 21.04.2026 AT To 1.The Inspector of Police, Central Crime Branch, EDF-III, Avadi, Chennai - 600 054.

2.The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

AT 21.04.2026 Page No.4 of 4