CRL.OP(MD) No.6793 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2025 CORAM: THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. OP(MD) No.6793 of 2025 1. T. Ravichandran 2. R.Mala 3. J.Vimal 4. P.Vignesh ... Petitioners Vs. 1. The Commissioner of Police, Commissioner Office, K.Pudur, Madurai. 2. The Inspector of Police, Central Crime Branch -II, Madurai District. 3. Saravanan, Proprietor of Saranya Jewellery Mart, LS Illam, 13, Konditholu Main Road, Kamarajar Salai, Madurai -9. ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, direction to the 2nd respondent not to harass the petitioner under the guise of enquiry on the _____________ Page No. 1 of 6 https://www.mhc.tn.gov.in/judis CRL.OP(MD) No.6793 of 2025 basis of the petitioners representation dated 04.03.2025. For Petitioners : Ms.A.S. Shangeetha For R1 & R2 : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) For R3 : Mr.S.Balaji O R D E R This petition has been filed by the petitioners to direct the 2nd respondent not to harass the petitioners under the guise of enquiry on the basis of the petitioners representation dated 04.03.2025. 2. According to the petitioners, there is a business transactions between the petitioners and the 3rd respondent in respect of purchase of jewels and the 1st petitioner assisting the 2nd petitioner. While so, for the business transactions, the 3rd respondent lodged a complaint against the petitioners and based on the complaint, the 2nd respondent frequently called the petitioners for enquiry by interfering with the business transactions and insisted to repay the amount for the business transaction. Therefore, they sent a representation dated 04.03.2025 and the same was not considered. Hence this petition. _____________ Page No. 2 of 6 https://www.mhc.tn.gov.in/judis CRL.OP(MD) No.6793 of 2025 3. The learned Government Advocate (Criminal Side) appearing for the respondents no.1 and 2 would submit that they called the petitioners for enquiry purpose. Earlier the petitioners have also appeared for enquiry and they assured either to return the jewels or return the money for the gold ornaments purchased by the them from the 3rd respondent. Thereafter, they have not honored their assurance and thereby, again the 3rd respondent has approached the 2nd respondent and therefore, they called the petitioners for enquiry. Apart from that, they have not harassed the petitioners. 4. The learned counsel appearing for the 3rd respondent would submit that the petitioners have purchased gold of 620 grams and thereafter, they neither paid the money nor return back the jewels and thereby, he lodged a complaint before the 2nd respondent and the 2nd respondent also conducted enquiry and before the 2nd respondent, the petitioners assured to return back the jewels and thereafter, they have not honored their promise and thereby, he lodged a complaint before the 2nd respondent. _____________ Page No. 3 of 6 https://www.mhc.tn.gov.in/judis CRL.OP(MD) No.6793 of 2025 5. Considering the prayer sought for in the petition and there is a dispute between the parties in respect of purchase of gold and now the complaint is under enquiry by the 2nd respondent, it is for him to conduct a fair enquiry in accordance with law. In view of the same, this Court directs the 2nd respondent to conduct enquiry on the petitioners representation and act in accordance with law. If it is a business transaction, then the 2nd respondent has to follow the circular issued by the higher authorities in this regard. 6. With the above said observation and direction, this Criminal Original Petition is disposed of. 15.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Mac _____________ Page No. 4 of 6 https://www.mhc.tn.gov.in/judis CRL.OP(MD) No.6793 of 2025 To 1. The Commissioner of Police, Commissioner Office, K.Pudur, Madurai. 2. The Inspector of Police, Central Crime Branch -II, Madurai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. _____________ Page No. 5 of 6 https://www.mhc.tn.gov.in/judis CRL.OP(MD) No.6793 of 2025 P.DHANABAL, J. Mac CRL. OP(MD) No.6793 of 2025 15.04.2025 _____________ Page No. 6 of 6 https://www.mhc.tn.gov.in/judis