Mohan Babu G v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl. O.P(MD) No. 21600 of 2025

1. G.Mohan Babu

2. K.Jenifer ... Petitioners Vs

1. The State of Tamil Nadu, Rep By The Superintendent of Police, High Ground Road, Palayamkottai, Tirunelveli.

2. The Deputy Superintendent of Police, High Ground Road, Palayamkottai, Tirunelveli.

3. The Inspector of Police, Kalakadu Police Station, Tirunelveli District.

... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to direct the third respondent police not to harass the petitioners or any of their family member as police enquiry.

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For petitioners :Mr.K.Raghul Priyan For Respondents :Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) *****

O R D E R

This Criminal Original Petition is filed seeking a direction to the third respondent police not to harass the petitioners or any of their family members as police enquiry.

2. The learned counsel for the petitioners submitted that the enquiry is with regard to a criminal case connected with their partner, one Dr.Nazir. The claim of the petitioners is that Dr.Nazir was the partner of the petitioners in footwear business, which was run in the name of 'Shoe Box' and they have nothing to do with him other than the said partnership business. However, due to their friendship, the petitioners have travelled together with the said Dr.Nazir to Bhopal for collection of stocks and to check the quality of new orders. While during the said travel, their partner Dr.Nazir received a call and without informing the petitioners, he left in the halfway from Bhopal. While so, on 08.11.2020, the first petitioner's father contacted the first petitioner through phone and Page No. 2 of 5

informed that the police officers from Kalakad Police Station, Tirunelveli District had visited their home and had enquired about the petitioners and Dr.Nazir. The petitioners have no connection with any of the alleged offense for which Dr.Nazir has been intercepted by the police and hence, they have filed this direction petition not to harass them.

3. The learned Government Advocate (Crl.Side), Mr.M. Sakti Kumar, fairly conceded that the petitioners are not arrayed as accused in the case in which Dr.Nazir is the accused and the petitioners were contacted only to find out the location of Dr.Nazir. Till date, Dr.Nazir has absconded and hence, only to intercept Dr.Nazir, the petitioners were contacted by the respondent police.

4. In view of the above submissions, the third respondent police is directed not to harass the petitioners and any of the family members of the petitioners under the guise of enquiry in connection with the offence as against Dr.Nazir. If necessary, the respondent police may issue summons for enquiring with the petitioners in accordance with law. Page No. 3 of 5

5. Accordingly, this Criminal Original Petition is disposed of. 01.12.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd To

1. The Superintendent of Police, High Ground Road, Palayamkottai, Tirunelveli.

2. The Deputy Superintendent of Police, High Ground Road, Palayamkottai, Tirunelveli.

3. The Inspector of Police, Kalakadu Police Station, Tirunelveli District.

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

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L.VICTORIA GOWRI,J apd Crl O.P.(MD) No. 21600 of 2025 01.12.2025 Page No. 5 of 5