Nallamalai v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. OP(MD) No.6748 of 2025

1. Nallamalai

2. Uma Maheswari ... Petitioners Vs.

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

2. The Deputy Superintendent of Police, Periyakulam, Theni District.

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

4. Kamal Hasan ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to direct the respondents 1 to 3 not to harass the petitioners. Page No. 1 of 5

For Petitioners : Mr. N. Mohideen Basha For R1 to R3 : Mr.M.Sakthi Kumar Government Advocate (Crl. Side)

O R D E R

This petition has been filed by the petitioners to direct the respondents no.1 to 3 not to harass the petitioners.

2. According to the petitioners, there is a money dispute between the petitioners and the 4th respondent and the 1st petitioner has also filed a check complaint in S.TC.No.50 of 2025 on the file of the District Munsif cum Judicial Magistrate, Usilampatti as against the 4th respondent. While so, the 4th respondent lodged a false complaint against the petitioners for the money dispute and the respondents police taking advantage of the same, they called the petitioners frequently and insisted the petitioners to settle the money. Hence this petition.

3. The learned Government Advocate (Criminal Side) appearing for the respondents no.1 to 3 would submit that the 4th respondent lodged a complaint against the petitioners that they assured to arrange loan of Rs.10 crores and for that, they received a sum of Rs.22,00,000/- and Page No. 2 of 5

cheque leaves for security purpose. Now they failed to arrange loan and failed to return the money. Therefore, he lodged the complaint and based on the complaint, they called the petitioners for enquiry, but the petitioners have not appeared. Per contra, they have filed this petition. However, they will conduct enquiry and take appropriate action in accordance with law.

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

5. According to the petitioners, the respondents no.1 to 3 have harassed the petitioners under the guise of enquiry, but the respondents no.1 to 3 denied the alleged harassment. However, based on the complaint lodged by the 4th respondent, they called the petitioners for enquiry and the petitioners also lodged a cheque complaint against the 4th respondent and the same is pending in S.T.C.No.50 of 2025 on the file of the District Munsif cum Judicial Magistrate, Usilampatti. Since the complaint is lodged by the petitioners, it is for them to appear for enquiry and for taking appropriate action in accordance with law. Therefore, this Page No. 3 of 5

Court directs the petitioners to appear before the 3rd respondent on 21.04.2025. Thereafter, the 3rd respondent is directed to conduct enquiry and dispose of the same within a period of one week.

6. With the above said observations and directions, this Criminal Original Petition is disposed of.

15.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Mac To

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

2. The Deputy Superintendent of Police, Periyakulam, Theni District.

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

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

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P.DHANABAL, J.

Mac CRL. OP(MD) No.6748 of 2025 15.04.2025 Page No. 5 of 5