Madras High CourtCRL OP(MD)/5899/2025disposed of

Thiruselvam v. The State Of Tamil Nadu

2025-04-01Honourable Mr. Justice P.Dhanabal4 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.5899 of 2025 Thiruselvam ... Petitioner Vs.

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

2. The Deputy Superintendent of Police, The District Crime Branch, Ramanathapuram District.

3. The Inspector of Police, The District Crime Branch, Ramanathapuram District.

4. Mariswaran ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to direct the 3rd respondent not to harass the petitioner under the guise of enquiry. For Petitioner : Mr.K.R.Laxman For R1 to R3 : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) For R4 : Mr.R.Suriya Narayanan Page No. 1 of 4

O R D E R

This petition has been filed by the petitioner to direct the 3rd respondent not to harass the petitioner under the guise of enquiry.

2. According to the petitioner, the 4th respondent lodged a false complaint as against the petitioner for the business transaction and based on the same, the 3rd respondent called the petitioner and his family members to attend enquiry for the money transaction. Therefore, he has filed this petition.

3. The learned counsel appearing for the 4th respondent would submit that the petitioner obtained money from the 4th respondent and thereafter, he cheated an amount of Rs.75 lakhs. Therefore, he lodged a complaint before the 3rd respondent.

4. The learned Government Advocate (Criminal Side) appearing for the respondents no.1 to 3 would submit that the 4th respondent lodged a complaint for cheating of Rs.75 lakhs and thereby, they called the petitioner for enquiry. Without appearing for enquiry, the petitioner has filed this petition. However, they will conduct an enquiry and dispose of Page No. 2 of 4

the same within one week.

5. Considering the prayer sought for in the petition and recording the above said submission of the learned Government Advocate that they received the complaint from the 4th respondent for cheating of money, this Court directs the 3rd respondent to complete the enquiry within a period of one week from the date of this order. It is needless to say that, if the transaction is in respect of money dispute, then they have to follow the circular issued by the higher authorities in this regard.

6. With the above said observation and direction, this Criminal Original Petition is disposed of.

01.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Mac Page No. 3 of 4

P.DHANABAL, J.

Mac To

1. The Superintendent of Police, Ramanathapuram District, Ramanathapuram..

2. The Deputy Superintendent of Police, The District Crime Branch, Ramanathapuram District.

3. The Inspector of Police, The District Crime Branch, Ramanathapuram District.

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

Crl.O.P(MD) No.5899 of 2025 01.04.2025 Page No. 4 of 4