Madras High CourtCRL OP(MD)/11116/2025disposed of

Gunasekaran v. The State Of Tamilnadu Rep. By

2025-07-02Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Gunasekaran ... Petitioner Vs 1.The State rep by the Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Neikarapatti Police Station, Dindigul District.

3.Shanmugavadivel ... Respondents Prayer: This petition is filed under Section 528 of BNSS 2023, to direct the respondent herein to to direct the 1st respondent to direct the 2nd respondent not to harass the petitioner under the guise of an enquiry at the instigation of the 3rd respondent on the basis of the representation dated 25.06.205 within stipulated time as fixe by this Court. For Petitioner : Mr.T.Indrachithu For R1& R2 : Mr.M.Vaikkam Karunanithi Government Advocate (Crl. Side) 1/4

ORDER

The petitioner has approached this Court that the respondent police are harassing him under the guise of an enquiry. 2.The 3rd respondent appears to have lodged a complaint that for the money borrowed from the petitioner by the 3rd respondent, the petitioner has created sale deed and cheated the 3rd respondent. 3.The learned Government Advocate (crl Side) appearing for the respondent police submits that the complaint of the 3rd respondent has been received on 23.06.2025, they have registered it in CSR No.672 of 2025 and it is pending.

4.It is reported that since complaint has been lodged that the petitioner, for money transaction between him and the 3rd respondent, has created records as if sale deed has been executed by the 3rd respondent, the respondent police have received the complaint and they are conducting an enquiry.

5.This Court considered the rival submissions made. 2/4

6.The complaint was received only on 23.06.2025 and therefore, this petition is disposed of with a direction to the petitioner to appear for enquiry before the respondent police. If the respondent police find that the sale deed has been created for the loan transaction and that too for lesser price, it is open to the respondent police to proceed further by registering a case. In the meantime, the police shall not harass the petitioner.

02.07.2025 DSK To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Neikarapatti Police Station, Dindigul District.

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

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B.PUGALENDHI,J DSK 02.07.2025 4/4