Madhavan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

1. Madhavan

2. Niraj

3. Shyam

4. Prabhakaran ... Petitioners Vs

1. The State of Tamil Nadu, Rep by the Superintendent of Police, Virudhunagar District, Virudhunagar.

2. The Inspector of Police, Thiruthangal Police Station, Thiruthangal, Virudhunagar District.

3. C.Venkatasubramanian ... Respondents PRAYER: Criminal Original petitions have been filed under Section 528 of BNSS to direct the 1st and 2nd respondents to not to harass the petitioner under the guise of enquiry in a civil dispute. 1/5

For Petitioner : Mr.P.Athimoolapandian For Respondents : Mr.M.Sakthi Kumar (R1,R2) Government Advocate (Crl.Side) Mr.Suresh Manickam (R3)

O R D E R

This Criminal Original Petition has been filed to direct the 1st and 2nd respondents to not to harass the petitioner under the guise of enquiry in a civil dispute.

2.According to the petitioners, there was a dispute between the petitioners and the 3rd respondent in execution of agreement. In this regard, the 3rd respondent has lodged a complaint against the petitioners. Taking advantage of the same, the 2nd respondent police called the petitioners frequently for enquiry. Though the petitioners have appeared for enquiry, the 2nd respondent police insisted the petitioners to settle the matter with the 3rd respondent. Hence this petition. 3.The learned counsel appearing for the 3rd respondent would submit that the 3rd respondent has borrowed amount from the petitioners and since the petitioners demanded exorbitant interest from him, he has lodged a complaint against the petitioners. 2/5

4.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that based on the complaint given by the 3rd respondent against the petitioners for charging exorbitant interest, the petitioners have been called for enquiry, thereafter, the respondent police has registered a case against the petitioners in Cr.No. 139 of 2025 and the same is pending. The respondent police have not harassed the petitioners.

5.Since the prayer of the petitioners is not to harass the petitioners and based on the complaint of the 3rd respondent, FIR has been registered against the petitioners in Cr.No.139 of 2025 on the file of the 2nd respondent police, it is for the petitioners to take appropriate steps in accordance with law.

6.Recording the aforesaid submission of the respondent police, this petition is closed.

17.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No PNM 3/5

To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.

2. The Inspector of Police, Thiruthangal Police Station, Thiruthangal, Virudhunagar District.

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

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P. DHANABAL, J.

PNM ORDER IN 17.03.2025 5/5