M.Jaffarullahkhan v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL Crl.O.P.(MD)No.3199 of 2025 M.Jaffarullahkhan ... Petitioner Vs.

1. The State of Tamil Nadu, Rep. by the Commissioner of Police, Madurai City.

2. The Inspector of Police, Central Crime Branch, Madurai City.

3. R.Vijayakumar ... Respondents PRAYER : Petition filed under Section 528 of BNSS 2023, to direct the respondent police not to harass the petitioner and his wife in the name of enquiry and threatening them.

For Petitioner :

Mr.A.B.Jeeva For Respondents :

Mr.M.Sakthi Kumar (R1 & R2) Government Advocate Mr.S.Karthikeyan (R3) 1/6

ORDER

This criminal original petition has been filed seeking for a direction to the respondent police not to harass the petitioner and his wife and threatening them in the name of enquiry.

2. According to the petitioner, there is a money dispute between the petitioner and the third respondent and thereby, the third respondent lodged a complaint before the 2nd respondent police and taking advantage of the same, the 2nd respondent police is harassing the petitioner to settle the matter and hence, this petition has been filed.

3. The learned counsel appearing for the third respondent would submit that the petitioner cheated a sum of Rs.32,00,000/- for business transaction and therefore, he lodged a complaint before the second respondent and now, the second respondent is conducting enquiry and that the petitioner, only in order to escape from payment of money, filed this petition. 2/6

4. The learned Government Advocate appearing for the respondent police would submit that there is a money dispute between the parties and only based on the complaint given by the third respondent, the second respondent called the petitioner for enquiry and thereafter, they amicably settled the matter outside the police station stating that the petitioner shall repay the amount and to that effect, the petitioner issued a cheque. Thereafter, the petitioner filed this petition.

5. Heard the learned counsel on either side and perused the materials placed before this Court.

6. Considering the fact that there is a money dispute pending between the parties and the respondent police is also conducting enquiry and the same is pending, it is for the second respondent police to complete the enquiry in accordance with law, within a period of one week. It is needless to mention that if the matter is in respect of the money dispute / civil dispute, the second respondent police has to follow the circular issued by the Director General of Police in that regard.

3/6

7. With the above observations, this criminal original petition is disposed of.

20.02.2025 Index :

Yes / No 4/6

TO:-

1. The Commissioner of Police, Madurai City.

2. The Inspector of Police, Central Crime Branch, Madurai City.

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

5/6

P.DHANABAL, J.

sm Order made in Crl.O.P.(MD)No.3199 of 2025 Dated:

20.02.2025 6/6