Mohamed Ali Jinnah v. State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Mohamed Ali Jinnah ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by, The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, District Crime Branch, Dindigul District, Dindigul.

3.Sumathi ... Respondents Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S., to direct the second respondent not to harass the petitioner in the guise of enquiry based on the complaint given by the third respondent and pass further or other orders as this Court.

For Petitioner : Mr.T.Palanisamy 1/5

For R-1 & R-2 : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) For R-3 : Mr.J.Lawrance

ORDER

This Criminal Original Petition has been filed by the petitioner to direct the second respondent not to harass the petitioner in the guise of enquiry based on the complaint given by the third respondent.

2. According to the petitioner, there is a dispute in respect of purchase of property between the petitioner and the third respondent. Already sale deed was executed and thereafter, the third respondent lodged a complaint as against the petitioner and taking advantage of the said complaint, the second respondent used to harass the petitioner frequently asking to appear before the police for enquiry. The nature of the complaint is purely civil in nature but the police have harassed the petitioner to appear for enquiry.

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3. The learned Government Advocate (Crl. Side) appearing for the official respondents would submit that based on the complaint given by the third respondent, they made enquiry and the enquiry is still pending and they will complete the enquiry within 15 days.

4. The learned Counsel appearing for the third respondent would submit that the petitioner cheated the third respondent to a tune of about Rs.35,00,000/- and thereby, she lodged a complaint before the second respondent and based on the complaint, the second respondent conducted enquiry. Therefore, the present petition is liable to be dismissed.

5. This Court had heard both sides and perused the materials available on record.

6. Since the third respondent lodged a complaint against the petitioner before the second respondent and the same is under enquiry, this Court without going into the merits of the case, directs the second respondent to dispose the enquiry, within a period of 15 days from the date of this order.

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7. With the above said observations and directions, this Criminal Original Petition stands disposed of.

19.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, District Crime Branch, Dindigul District, Dindigul.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.DHANABAL, J.

BTR 19.02.2025 5/5