Thillairaj v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL

1. Thillairaj

2. Vishnu Raj @ Vishnu ... Petitioners Vs.

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

2. The Inspector of Police, Thirumangalam Town Police Station, Thirumangalam, Madurai District.

3. Mohammed ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to direct the 1st and 2nd respondents to not to harass the petitioners in the name of enquiry on the false complaint given by the 3rd respondent.

For Petitioners : Ms.H.Saranya For R1 and R2 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side) Page No. 1 of 5

O R D E R

This petition has been filed by the petitioners to direct the respondents no.1 and 2 not to harass the petitioners in the name of enquiry on the false complaint given by the 3rd respondent.

2. According to the petitioners, there is a dispute between the petitioners and the 3rd respondent in respect of agreement for scrap disposal to sell the machinery and scrap items lying in SIDCO Industrial Estate, Kappalur, Madurai. While so, suppressing the material facts, the 3rd respondent lodged a false complaint against the petitioners and taking advantage of the same, the 2nd respondent frequently called the petitioners and insisted to pay GSTR to the Government. Therefore, they sent a representation dated 03.03.2025, but the same has not been considered. Hence this petition.

3. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondents no.1 and 2 would submit that based on the complaint lodged by the 3rd respondent, they called the petitioners for enquiry and the petitioners have also sent a representation dated Page No. 2 of 5

03.03.2025 and the same is under consideration. Therefore, they will conduct enquiry on the compliant of the 3rd respondent as well as the petitioner's representation and dispose of the same in accordance with law.

4. Considering the prayer sought for in this petition, this Court without even issuing notice to the 3rd respondent inclined to pass orders in this petition.

5. According to the petitioners, the respondents no.1 and 2 harassed the petitioners based on the false complaint lodged by the 3rd respondent. The 2nd respondent has also admitted the complaint lodged by the 3rd respondent as against the petitioners and they called the petitioners for enquiry purpose. Therefore, recording the above said submissions of the 2nd respondent, this Court directs the 2nd respondent to consider the representation of the petitioners dated 03.03.2025 along with the complaint lodged by the 3rd respondent and conduct enquiry and dispose of the same in accordance with law, within a period of one week from the date of this order.

Page No. 3 of 5

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

08.04.2025 NCC : Yes/No Index :Yes / No Internet :Yes / No Mac To

1. The Superintendent of Police, Madurai District @ Madurai.

2. The Inspector of Police, Thirumangalam Town Police Station, Thirumangalam, Madurai District.

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

Page No. 4 of 5

P.DHANABAL, J.

Mac CRL. OP(MD) No.6502 of 2025 08.04.2025 Page No. 5 of 5