Madras High CourtCRL OP(MD)/5578/2025disposed of

S. Stallone Fernando v. The State Of Tamilnadu Rep.By

2025-03-26Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :26.03.2025 CORAM :

THE HON'BLE MR.JUSTICE P. DHANABAL

1. S. Stallone Fernando

2. S.Shanthi ... Petitioners Vs.

1. The State of Tamil Nadu Represented by The Superintendent of Police, Madurai District Police, Alagar Kovil Main Road, Madurai-625 007.

2. The Inspector of Police, Madurai District Crime Branch, Madurai-625 007.

3. S. Arulvel Paal Pandian ... Respondents Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023, to direct the respondents to not to harass the petitioners in name of enquiry.

For Petitioners : Mr.S.Ilavarasan For R-1 & R-2 : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) 1/4

ORDER

This petition has been filed by the petitioners to direct the respondents to not to harass the petitioners in name of enquiry.

2. According to the petitioners, there is a dispute between the petitioners and the 3rd respondent in respect of supply of good for their business. While so, the 3rd respondent lodged a false complaint before the 1st respondent and the same was forwarded to the 2nd respondent. Taking advantage of the same, now the 2nd respondent has harassed the petitioners under the guise of enquiry by interfering in the business transactions. Therefore, they have filed this petition.

3. The learned Government Advocate (Criminal Side) appearing for the respondents no.1 and 2 would submit that the complaint lodged by the 3rd respondent before the 1st respondent was forwarded to the 2nd respondent and based on the said complaint, for enquiry purpose, they called the petitioners and the petitioners have also produced the bills before the 2nd respondent. Therefore, no any harassment made by the 2nd respondent.

4. The prayer of the petitioners is not to harass the petitioners. The 2nd respondent has also admitted the complaint lodged by the 3rd respondent 2/4

and based on the complaint, they called the petitioners for enquiry. Already the petitioners also produced the bills before the 2nd respondent and therefore, it is for the 2nd respondent to conduct enquiry and dispose of the petition after affording an opportunity to both the parties. It is needless to mention that if it is a business transaction, the 2nd respondent has to follow the circular issued by the Higher Authorities in this regard.

5. With the above said observation and directions, this criminal original petition is disposed of.

26.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes Mac 3/4

P. DHANABAL , J.

Mac To

1. The Superintendent of Police, Madurai District Police, Alagar Kovil Main Road, Madurai-625 007.

2. The Inspector of Police, Madurai District Crime Branch, Madurai-625 007.

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

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