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Madras High CourtCRL OP(MD)/2460/2025disposed of

Syed Musthafa v. The State Of Tamil Nadu

2025-02-07Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL Crl.O.P(MD)No.2460 of 2025 Syed Musthafa S/o.Abdul Basheer ... Petitioner -Vs1. The State of TamilNadu rep. by The Superintendent of Police, Office of the Superintendent of Police, Trichy District.

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thiruvarabur Sub Division, Trichy District.

3. The Inspector of Police, Navalpattu Police Station, Trichy District.

4. Kasiviswanathan

5. Mohammed Osama

6. Praveen

7. Veeramanikandan ... Respondents 1/6

PRAYER: Criminal Original petition filed under Section 528 of BNSS Act, to direct the respondent No.3 to not to harass the petitioner by way of intervening in the civil dispute on the basis of the petitioner's representation dated 24.01.2025 in accordance with law.

For Petitioner : Mr.B.Dhanasekaran For Respondent Nos.1 to 3 : Mr.R.M.Anbunithi Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed by the petitioner to direct the respondent No.3 not to harass the petitioner by way of intervening in the civil dispute on the basis of the petitioner's representation dated 24.01.2025.

2. According to the petitioner he is running a travel agency namely AL Haji Travels, Trichy registered under the Ministry of Micro, Small & Medium Enterprises. In the month of May 2024, one Kasiviswanthan had approached the petitioner for international travel. Therefore, he facilitated Kasiviswanathan's international travel to France by managing the entire visa application process. He used to facilitate the persons who approach the 2/6

petitioner for international trip. In the meantime, due to on going war in Ukraine, many western countries have implemented sudden modifications and restrictions regarding the entry of foreigners. While so, on 19.12.2024, one Kasiviswanathan and Mohamad Osama have approached the petitioner and demanding a refund of amounts they had paid for travel arrangements. The petitioner also explained that the payments they made were only for the processing services and the amount cannot be returned. The petitioner also filed a suit in O.S.No.45 of 2025 on the file of the District Munsif Court, Thiruchirapalli as against the respondent Nos. 4 to 7 herein. The above said matter is purely civil in nature. The respondent Nos.4 to 7 have lodged a complaint before the third respondent. Based upon the said complaint, the third respondent started to harass the petitioner under the guise of enquiry. Therefore, the present Criminal Original Petition has been filed.

3. The learned Additional Public Prosecutor appearing for the Respondent Nos.1 to 3 would submit that they received five complaints against this petitioner for the allegations of cheating of Rs.15,00,000/- and thereby for enquiry purpose, the respondent police called the petitioner. In the meantime the present Criminal Original Petition has been filed. 3/6

However, the respondent police will complete the enquiry within a week and dispose the said complaint in accordance with law.

4. According to the respondent police, they received complaint against the petitioner from respondent Nos.4 to 7 herein and made enquiry. But, the petitioner has not attended the enquiry and straight away filed this present Criminal Original Petition. Therefore, considering the limited scope of prayer sought for in this petition, this court without issuing any notice to the Respondent No.4 to 7 inclined to direct the third respondent to complete the enquiry. Accordingly, the third respondent is directed to complete the enquiry in accordance with law within a period of two weeks from the date of receipt of a copy of this order.

5. With the above said observations, this Criminal original Petition is disposed of.

07.02.2025 Internet :Yes Index :Yes/No NCC :Yes/No gvn 4/6

To

1. The Superintendent of Police, Office of the Superintendent of Police, Trichy District.

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thiruvarabur Sub Division, Trichy District.

3. The Inspector of Police, Navalpattu Police Station, Trichy District.

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P.DHANABAL , J.

gvn Crl.O.P(MD)No.2460 of 2025 07.02.2025 6/6