Sumerchand Nahar v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.08.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN 1.Sumerchand Nahar Director - Nahar Foundations Private Limited, X-4, Nahar Villa, No.21/7, North Mada Street, Thiruvanmiyur, Chennai-600 041.

2.B.Tolachand Nahar, Director - Nahar Foundations Private Limited, X-4, Nahar Villa, No.21/7, North Mada Street, Thiruvanmiyur, Chennai-600 041.

... Petitioners Vs.

1.The State Rep.By The Inspector Of Police, J-6, Thiruvanmiyur Police Station, Chennai.

2.K.R.Nagarajan ... Respondents Prayer: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, pleased to direct the 1st respondent not to harass the petitioners in the name of enquiry herein without any due process of law.

For Petitioners : Mr.J.Suresh For R1 : Mr.S.Udayakumar Government Advocate (Crl.Side) 1/4

O R D E R

This Criminal Original Petition is filed seeking protection from harassment by the 1st respondent.

2.

The petitioners state that regarding construction contract dispute between the builder and the purchaser, the complaint been given by the purchaser alleging incompletion of the construction. Under the guise of enquiring the said complaint, police is harassing the petitioners. 3.

The learned Government Advocate (Crl.Side) appearing for the respondent police states that on a complaint given by one Nagarajan, current paper was registered on 18.07.2024 and the parties were called for enquiry. The said Nagarajan appeared before the 1st respondent police on 02.08.2024 and given a letter stating that he will workout his remedy before the civil Court for breach of contract. Recording the same, current paper was closed.

4.

The petitioners herein were participated in the enquiry and has given a cheque for Rs.57,000/- to the defacto complainant Nagarajan. Consequentially, Nagarajan has given a letter stating that he will workout 2/4

his remedy before the civil Court. As a consequence, the complaint petition dated 18.07.2024 was closed.

5.

Recording the above submission made by the learned Government Advocate (Crl.Side), this Criminal Original Petition is disposed of.

21.08.2024 rpl To 1.The Inspector Of Police, J-6, Thiruvanmiyur Police Station, Chennai.

2.The Public Prosecutor, High Court of Madras, Chennai.

Dr.G.JAYACHANDRAN,J.

rpl 3/4

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