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2025 DAILYLAW 130036 (MAD)

S. YoganathMurali v. The State of Tamilnadu Rep.by

CRL OP(MD)/5776/2025 · 2025-03-28

P Dhanabal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.(MD)No.5776 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.03.2025 CORAM : THE HON'BLE MR.JUSTICE P. DHANABAL Crl.O.P.(MD) No.5776 of 2025 S. Yoganathmurali ... Petitioner Vs. 1. The State of Tamil Nadu, Represented by the Superintendent of Police. Sivagangai District, Sivagangai. 2. The Inspector of Police, District Crime Branch Police Station, Sivagangai District. 3. Thilagavathi 4. Manikandan ...Respondents Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the 2nd respondent not to harass the petitioner without following the due process of law. For Petitioner : Mr.K.Sathish Kumar For R-1 & R-2 : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) ORDER This Criminal Original Petition has been filed by the petitioner to direct the 2nd respondent not to harass the petitioner without following the 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.5776 of 2025 due process of law. 2. According to the petitioner, there is money dispute pending between the petitioner and the respondents no.3 and 4 and thereby, the respondents no.3 and 4 lodged a complaint against the petitioner for the money dispute. Taking advantage of the same, the 2nd respondent interfering in the money dispute. Therefore, he sent a representation dated 14.03.2025, but the same has not been considered. Hence this petition. 3. The learned Government Advocate (Criminal Side) appearing for the respondents no.1 and 2 would submit that the petitioner lent money to the respondents no.3 and 4 after pledging their jewels and thereafter, when the respondents no.3 and 4 were ready to pay the money to redeem the jewels, the petitioner refused for the same. Therefore, they lodged a complaint against the petitioner and for enquiry purpose, they called the petitioner, but the petitioner without appearing for enquiry has filed this petition. However, they will conduct enquiry and dispose of the same within one week. 4. Considering the prayer sought for in this petition, this Court without even issuing notice to the respondents no.3 and 4 inclined to pass 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.5776 of 2025 orders. 5. According to the petitioner, the 2nd respondent has harassed the petitioner based on the complaint by the respondents no.3 and 4 for the money dispute. But the 2nd respondent has denied the harassment. The respondents no.3 and 4 lodged a complaint against the petitioner alleging that they pledged jewels with the petitioner and now the petitioner refused to return the jewels even after the respondents no.3 and 4 are ready to repay the amount. Therefore, the enquiry is pending on the complaint given by the 3rd respondent. While so, it is for the 2nd respondent to complete the enquiry in accordance with law. In view of the same, this Court directs the 2nd respondent to complete the enquiry on the complaint of the 3rd respondent along with the representation of the petitioner dated 14.03.2025 within a period of one week from the date of this order. 6. With the above said observation and direction, this criminal original petition is disposed of. 28.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes Mac 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.5776 of 2025 P. DHANABAL , J. Mac To 1. The Superintendent of Police. Sivagangai District, Sivagangai. 2. The Inspector of Police, District Crime Branch Police Station, Sivagangai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Crl.O.P.(MD) No.5776 of 2025 28.03.2025 4/4 https://www.mhc.tn.gov.in/judis