S.Francis v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.14467 of 2025 S.Francis ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by, The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

3.Rev.Fr.Jerome, Managing Director, Colachel Vicariate Nidhi Limited, Colachel, Kanyakumari District.

4.Rev.Fr.Arulseelan, Former Managing Director, Colachel Vicariate Nidhi Limited, Colachel, Kanyakumari District.

Now Holding the Office of Kottaram Parish Priest, Kanyakumari District.

...Respondents

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Prayer : Criminal Original Petition is filed under Section 528 of BNSS, to issue a direction, directing the 2nd respondent not to harass the petitioner and his family members under the guise of enquiry based on his compliant dated 26.06.2025.

For Petitioner : Mr.L.George Paul Anto For R-1 & R-2 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor

ORDER

This Criminal Original Petition is filed seeking for a direction to the second respondent not to harass the petitioner and his family members under the guise of enquiry.

2. The learned Additional Public Prosecutor, on instructions, would submit that the petitioner was called for enquiry twice on the complaint given by the third respondent alleging misappropriation of funds by forging certain documents.

3. Since an enquiry is pending against the petitioner, it cannot be said that the petitioner has been harassed. However, the respondent Police may issue summons, if the petitioner's presence is required for enquiry and conclude the 2/4

enquiry within a period of four (4) weeks from today and inform the petitioner about the result of the enquiry. It is needless to say that if an FIR is registered, the respondent Police shall take such further action as may be authorised under law.

4. With the above observations, this Criminal Original Petition stands closed.

03.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The Superintendent of Police, Kanyakumari District, Nagercoil.

2.The Inspector of Police, District Crime Branch, Nagercoil, Kanyakumari District.

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

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SUNDER MOHAN, J.

Lm Crl.O.P(MD).No.14467 of 2025 03.09.2025 4/4