S.Sasikumar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.08.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR 1.S.Sasikumar 2.Selvaraj ... Petitioners Vs.

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

2.The Deputy Superintendent of Police, Karur, Karur District.

3.State rep.by the Inspector of Police, Vengamedu Police Station, Vengamedu, Karur District.

... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents not to harass the petitioners under the guise of enquiry on the basis of the petitioner's representation, dated 09.08.2024. For Petitioners : Mr.S.Deenadhayalan For Respondents : Mr.P.Kottai Chamy Government Advocate (Crl. Side) 1/5

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders, to direct the respondents not to harass the petitioners under the guise of enquiry on the basis of the petitioner's representation, dated 09.08.2024.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondents.

3. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents would submit that the petitioners have obtained loan of Rs. 90,00,000/- from Karur Vysya Bank for the purpose of purchasing two Ashok Leyland Sleeper Buses and that since the first petitioner has not repaid the loan amount, buses were seized by the Bank and that subsequently, the Bank officials came to know that the chassis and engine numbers were changed and based on that the present complaint came to be registered. He would further submit that the petitioners were directed to appear before the third 2/5

respondent Police and on enquiry, they have given an undertaking to produce the documents in the next hearing, but thereafter, they have not appeared, instead they have filed the present petition.

4. Considering the above, and taking into account the overall facts and circumstances, the following directions are issued:- "(a) The third respondent will issue written summons to the petitioners and to the private respondents for causing their appearance before him for enquiry. There is no question of orally summoning the parties to the police station.

(b) The third respondent will conclude the enquiry within a period of two weeks from the date of receipt of a copy of this order.

(c) If at the end of the enquiry, cognizable offence is made out and the third respondent proposes to register any FIR, the petitioner will be given notice of the same so that the petitioner will have breathing time to move the concerned Court for the relief of anticipatory bail."

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5. With the above directions, this Criminal Original Petition stands disposed of.

27.08.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No das To 1.The Superintendent of Police, Karur District, Karur.

2.The Deputy Superintendent of Police, Karur, Karur District.

3.The Inspector of Police, Vengamedu Police Station, Vengamedu, Karur District.

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

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K.MURALI SHANKAR,J.

das Order made in Dated: 27.08.2024 5/5