S Mohan Babu v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2024 CORAM :

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.

O.P .No.

27251 of 20 1.S.Mohan Babu 2.V.Yamuna ... Petitioners

Versus

1.The Superintendent of Police, O/o. Superintendent of Police Tiruvallur.

2.The State rep by The Sub-Inspector of Police, District Crime Branch, Tiruvallur District.

3.K.Vasu ... Respondents PRAYER : Criminal Original Petition filed under Sections 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, praying to direct the 2 nd respondent police not to harass the petitioners in the guise of enquiry. For Petitioners : Mr.C.Ganeshpandian For RR 1 & 2 : Mr.S.Udayakumar Government Advocate (Crl. Side) 1/5

O R D E R

This petition has been filed seeking a direction to the 2 nd respondent police not to harass the petitioners in the guise of enquiry. 2.The contention of the learned counsel for petitioners is that the third respondent lodged a complaint before the second respondent with vague allegations. It is the third respondent, who borrowed money from the petitioners and promised to return the same. After repeated requests, the third respondent failed to return the money and a false complaint projected against the petitioners. In fact, the petitioners sent a representation on 24.10.2024 to the first respondent informing that the second respondent is calling for enquiry and in the guise of enquiry, harassment is caused to the petitioners. 3.The learned Government Advocate (Crl. Side) strongly opposed the same submitting that the petitioners collected huge sums of money on the guise of getting job not only from the third respondent. It is a job racketing 2/5

case. On the complaint of the third respondent CSR assigned and the case was taken in Current No.C.No.16/DCB/DSP/TVLR/2024 dated 14.10.2024. Notice issued on 15.10.2024 calling upon the petitioners to appear for enquiry on 19.10.2024. Failing to appear for enquiry, now the petitiners taking shelter on the representation dated 24.10.2024 is not proper. Even in the representation there is no proof or details given except bald denial, which is not proper. On only one occasion notice was sent, terming that as harassment is not proper.

4.The learned counsel for petitioners undertakes to appear before the second respondent on 04.11.2024 at 10.30 a.m. without fail. 5.Recording the said submission, the Criminal Original Petition is disposed of. In the event of petitioners not complying the order, coercive action can be taken against them as per law.

30.10.2024 3/5

Index : Yes / No Internet : Yes/No Speaking / Non-speaking order rsi To 1.The Superintendent of Police, O/o. Superintendent of Police Tiruvallur.

2.The Sub-Inspector of Police, District Crime Branch, Tiruvallur District.

3.The Public Prosecutor, High Court, Madras.

4/5

M.NIRMAL KUMAR , J.

rsi Crl.

O.P .No.

27251 of 20 30.10.2024 5/5