Madras High CourtCRL OP(MD)/17951/2024disposed of

S.Ramachandran v. The State Of Tamilnadu Rep. By

2024-10-21Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.10.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR S.Ramachandran ... Petitioner Vs.

1.The Commissioner of Police, Office of the Commissioner of Police, 2.The Assistant Commissioner of Police, Southgate Sub Division, 3.The Inspector of Police, Southgate Police Station, 4.Santhosh 5.The Special Sub-Inspector Police (SSI), (Special Team), O/o.Special Team Superintendent of Police, ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents 1 and 2 to instruct the fifth respondent not to harass the petitioner and his family members under the guise of the 1/4

enquiry without following due process of law. For Petitioner : Mr.K.Dinesh For R1 to R3 & R5 : Mr.P.Kottai Chamy Government Advocate (Crl. Side)

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders to direct the respondents 1 and 2 to instruct the fifth respondent not to harass the petitioner and his family members under the guise of the enquiry without following due process of law.

2. When the matter is taken up for hearing today, the learned Government Advocate (Criminal Side) appearing for the respondents 1 to 3 and 5 would submit that the petitioner has purchased some jewels from the fourth respondent and since he has not paid the part of the amount, complaint came to be lodged by the fourth respondent and the same is pending from April 2024.

3. The learned counsel appearing for the petitioner would submit that after lodging of the complaint by the fourth respondent, the petitioner has paid the entire amount in installments but they have not 2/4

closed the complaint and they have issued the present summons and that the police from the third respondent police station has been visiting the petitioner's house very often and harassing him.

4. Even according to the prosecution, it is only for recovery of money. This Court is at loss to understand as to why the complaint is kept pending from April 2024 and issued summons at this point of time.

5. Considering the above, the third respondent is directed not to harass the petitioner any more.

6. With the above direction, this Criminal Original Petition stands disposed of.

21.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No csm To 1.The Commissioner of Police, Office of the Commissioner of Police, 3/4

K.MURALI SHANKAR,J.

csm 2.The Assistant Commissioner of Police, Southgate Sub Division, 3.The Inspector of Police, Southgate Police Station, 4.The Special Sub-Inspector Police (SSI), (Special Team), O/o.Special Team Superintendent of Police, 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in Dated: 21.10.2024 4/4