Madras High CourtCRL OP(MD)/1635/2025disposed of

R.Manikandan v. The State Of Tamil Nadu

2025-01-29Honourable Mr Justice M. Nirmal Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR R.Manikandan : Petitioner Vs.

1.The State of Tamil nadu rep., by The Superintendent of Police, O/o., The Superintendent of Police, Karur District.

2.The Inspector of Police, Karur Town Police Station, Karur District.

: Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to issue a direction to the respondent police herein not to harass the petitioner under the guise of enquiry.

For Petitioner : Ms.R.Vidhya for M/s.SS.Madhavan Law Associates For Respondents : Mr.K.Sanjai Gandhi Government Advocate (crl.side) 1/5

ORDER

The petitioner had sent a representation on 17.01.2025 stating the Inspector of Police, Karur Town Police Station, was demanding the petitioner to pay a sum of Rs.11,66,046/- for GST dues of Tvl.Bright Tech Engineering Industries of Prabhakaran. The said Prabhakaran had lodged a complaint as if the petitioner is a partner and he hosts the tax amount and hence, the petitioner was called for enquiry and he was forced to give an undertaking that he would pay back GST dues. The petitioner had categorically stated that he is not a partner in Tvl.Bright Tech Engineering Industries of Prabhakaran. Despite the same, the police have been harassing the petitioner. In support of his contention, the petitioner had produced notice dated 13.08.2024 issued under Section 61 of TNGST Act 2017 to Prabhakaran, who is Proprietor of Tvl.Bright Tech Engineering Industries demanding Rs. 11,66,046/- from the said Prabhakaran. This being so, the said Prabhakaran shifting the blame on the petitioner is not proper.

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2. The learned Government Advocate (crl.side) submitted that on the complainant of Prabhakaran, the petitioner and Prabhakaran were called for enquiry, during enquiry, it was found that neither the Prabhakaran nor the petitioner were unable to produce the relevant documents in support of their contention. Thereafter, finding that it is a GST dues of Tvl.Bright Tech Engineering Industries, which can not be investigated by the respondent police, the police had closed the case on 08.12.2024. In view of the same, the petitioner is no more required for any enquiry.

3. Recording the submission of the learned Government Advocate (Crl.side), this Criminal Original Petition is disposed of. 29.01.2025 NCC : Yes/No Index : Yes / No Rmk 3/5

To 1.The Superintendent of Police, O/o., The Superintendent of Police, Karur District.

2.The Inspector of Police, Karur Town Police Station, Karur District.

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

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M.NIRMAL KUMAR,J.

Rmk 29.01.2025 5/5