J.George Sebastian v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2025

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL J.George Sebastian .. Petitioners Vs.

1. The Commissioner of Police Madurai City

2. The Inspector of Police Thiruppalai Poilce Station Madurai City

3. R.Porselvi .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent not to harass the petitioner on the complaint given by the third respondent.

For Petitioners : Mr.R.Anand For Respondents : Mr.M.Sakthi Kumar No. 1 and 2 Government Advocate(Crl.Side) No.3 : Mr. Jeeva

ORDER

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

1/5

2. The learned counsel appearing for the petitioner would submit that the petitioner is running a petrol bunk and he completed law degree and waiting for enrolment. The husband of the third respondent's daughter Kundavai married one R.Vijayakumar who is the friend of the petitioner. Due to some misunderstanding between them the said Kundavai left the matrimonial home and got settled with her parents. However she lodged a complaint before the Inspector of Police, All Women Police Station, Tallakulam, for which CSR No.974 of 2024 assigned and after enquiry they closed the complaint. The petitioner is the close friend of Vijayakumar , all along he had accompanied with him and helped in connection with the said enquiry proceedings. Therefore the third respondent and his family members developed enmity with the petitioner. While so. On 01.02.

2025 at about 2.30 pm., he received a call from the second respondent to appear for enquiry at about 8.00 pm.,He also appeared and asked about the complaint against him. At that time they made some allegation against him regarding redeeming of jewels of the third respondent. Infact no such occurrence had happened. Taking advantage of the same, now the second respondent is harassing the petitioner under the guise of enquiry, hence the present petition has been filed.

2/5

3. The learned Government Advocate (Crl.Side) appearing for the respondents 1 and 2 would submit that the third respondent has lodged a complaint against the petitioner alleging that he had cheated her. The allegation against the petitioner is that he pledged the jewels in the bank and therefore he sold the jewels without the knowledge of the third respondent, thereby lodged complaint and the same is under enquiry Further now the enquiry was transferred to the Inspector of Police, Tallakulam Police Station , Madurai District and the same is pending for further enquiry.

4. Considering the limited scope of prayer sought for in this petition and the complaint was also transferred to the Inspector of Police, Tallakulam Police Station , Madurai District and the same is under enquiry this Court recording the submission of both sides directs the Commissioner of Police, Madurai City to instruct the Inspector of Police, Tallakulam Police Station , Madurai District to conduct enquiry and dispose the same within 15 days from the date of this order on merits and in accordance with law.

3/5

5. With the above observation and direction, the Criminal Original Petition stands disposed of.

26.02.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No aav To

1. The Commissioner of Police Madurai City

2. The Inspector of Police Thiruppalai Poilce Station Madurai City 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

P.DHANABAL,J.

aav 26.02.2025 5/5