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Madras High CourtCRL OP(MD)/5921/2025disposed of

Humayun v. The State Of Tamil Nadu,

2025-04-01Honourable Mr. Justice P.Dhanabal6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. O.P(MD) No.5921 of 2025 Humayun ... Petitioner Vs.

1. The State of Tamil Nadu, Represented by the Superintendent of Police, District Police Office, Tanjore, Tanjore District.

2. The Inspector of Police, Tanjore East Police Station, Tanjore, Tanjore District.

3. S. Ganesan ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, directing the 2nd respondent herein not to harass the petitioner and not to interfere into civil dispute.

For Petitioner : Mr.R.Sundar For R1 and R2 : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) For R3 : Mr.Azhagesan Page No. 1 of 6

O R D E R

This petition has been filed by the petitioner to direct the 2nd respondent herein not to harass the petitioner and not to interfere into civil dispute.

2. According to the petitioner, there is a dispute between the petitioner and the 3rd respondent in respect of money transaction based on the agreement for purchase of Tipper Lorries. While so, the 3rd respondent had illegally taken the possession of the Tipper Lorries bearing Registration Nos. TN-47-AV-5751 and TN-47-AV-5763 and in the mean time, the petitioner has handed over the Tipper Lorry bearing Registration No.TN-22-DC-9199 at the 3rd respondent's request. Thereafter, the 3rd respondent has breached the terms of conditions of the sale agreement and therefore, the 3rd respondent now insisted the petitioner to pay amount and threatened with dire consequences. Therefore, the petitioner sent a legal notice on 07.01.2025 and the same was received on 31.01.2025 and the 3rd respondent also sent reply. After receipt of notice from the petitioner, the 3rd respondent lodged a complaint before the 2nd respondent and petitioner has also filed anticipatory bail Page No. 2 of 6

application in Crl.O.P(MD) No.1827 of 2025 before this Court and the same was disposed of by recording the 2nd respondent contention that no case has been registered against the petitioner and already enquiry was conducted and closed. However, now the 2nd respondent called the petitioner for enquiry for the same complaint. Therefore, he has filed this petition.

3. The learned counsel appearing for the 3rd respondent would submit that earlier the 3rd respondent lodged a complaint against the petitioner for one particular vehicle and now the present complaint is for the different vehicle. Therefore, the present complaint is not the same complaint and not for the same vehicle.

4. The learned Government Advocate (Criminal Side) appearing for the respondents no.1 and 2 would submit that the 3rd respondent lodged a complaint against the petitioner and the same is under enquiry. For enquiry purpose, they called the petitioner. Apart from that, they have not harassed the petitioner. Earlier, the same petitioner has filed a petition before this Court for filed anticipatory bail application in Crl.O.P(MD) No.1827 of 2025 dated 13.02.2025, where the complaint of the 3rd Page No. 3 of 6

respondent was enquired and closed in respect of one particular vehicle. Now the same 3rd respondent lodged a complaint against the petitioner for different vehicle and thereby, they called the petitioner for enquiry.

5. Considering the prayer sought for in the petition, this Court recording the above said submission of the 2nd respondent that based on the complaint lodged by the 3rd respondent and the earlier complaint is not pertaining to the same vehicle, this Court directs the 2nd respondent to conduct enquiry and dispose of the same within a period of one week from the date of this order.

6. With the above said observations and direction, this criminal original petition is disposed of.

01.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Mac Page No. 4 of 6

To

1. The Superintendent of Police, District Police Office, Tanjore, Tanjore District.

2. The Inspector of Police, Tanjore East Police Station, Tanjore, Tanjore District.

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

Page No. 5 of 6

P.DHANABAL, J.

Mac Crl.O.P(MD) No.5921 of 2025 01.04.2025 Page No. 6 of 6