Madras High CourtCRL OP(MD)/6362/2026disposed of

Jojo Mathew v. The Superintendent Of Police

2026-04-01Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2026

CORAM:

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.6362 of 2026

1. Jojo Mathew

2. Sachu Mathew

3. Toney Mathew

4. Gigi Jojo

5. Aleyamma Mathew

6. Meenu Mathew

...Petitioners

1. The Superintendent of Police Theni District.

2. The Additional Deputy Superintendent of Police Cyber Crime Branch Theni District.

3. Lokeshwar

...Respondents

PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, 2023, to direct the 2nd respondent police and his subordinates not to harass or ill-treat the petitioners on the guise of enquiry in connection with a partnership dispute at the instance of the 3rd respondent. 1/4

For Petitioners : Mr.R.Gandhi for M/s.Gandhi Associates For Respondents : Mr.R.Meenakshi Sundaram Addl. Public Prosecutor-For R1 & R2 : Mr.Mohammed Imran - For R3

ORDER

The present petition has been filed seeking a direction to the respondent police not to harass the petitioners under the guise of enquiry.

2. According to the learned Senior Counsel appearing for the petitioners, the petitioners and the third respondent herein are partners in a partnership firm. In the said firm, another partner, who is the father of the third respondent, had lodged a police complaint before the District Crime Branch, Theni. Based on the said complaint, an enquiry was conducted. Aggrieved by the same, the petitioners had earlier approached this Court in Crl.O.P.(MD) No.9300 of 2025, seeking a direction not to harass or ill-treat them under the guise of enquiry in a partnership dispute.

3. This Court, by order dated 22.01.2026, recorded the submission of the learned Government Advocate (Crl. Side) that an enquiry had already been conducted in the matter and the complaint was closed on 18.03.2025. The 2/4

grievance of the learned Senior Counsel appearing for the petitioners is that a second complaint has now been lodged by the son of the fourth respondent in Crl.O.P.(MD) No.9300 of 2025 before the Cyber Crime Branch, Theni, with similar allegations, and that the petitioners are again being called for enquiry in respect of the same partnership dispute.

4. The learned Counsel appearing for the third respondent submits that the closure of the complaint, without conducting a proper enquiry or issuing any notice, cannot be considered valid. However, considering the fact that the complaint against the petitioners has been closed by the police authorities on 31.03.2026, no further orders are required in the present petition.

5. In such circumstances, this Criminal Original Petition is disposed of. The respondent police are directed to serve a copy of the closure report on the third respondent.

01.04.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No gvn 3/4

R.VIJAYAKUMAR , J.

gvn To:-

1. The Superintendent of Police, Theni District.

2. The Additional Deputy Superintendent of Police, Cyber Crime Branch, Theni District.

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

Crl.OP.(MD)No.6362 of 2026 01.04.2026 4/4