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2025 DAILYLAW 84861 (MAD)

AMARLAL v. The Station House Officer

CRL OP/22457/2025 · 2025-08-14

N Sathish Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 22457 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 14-08-2025 CORAM THE HONOURABLE MR JUSTICE N. SATHISH KUMAR CRL OP No. 22457 of 2025 1. AMARLAL S/o.Menghraj, No.10, Badriah garden street, sowcarpet, chennai-3. Petitioner(s) Vs 1. The Station House Officer, Muthialpet Police Station, muthialpet, puducherry. Respondent(s) PRAYER : Criminal Original Petition filed under section 528 of BNSS to direct the respondent police officials not to harass the petitioner in pursuant to the summon's dated 29.07.2025 and pass such further or other orders as this honourable court may deem fit and proper in the circumstances of the case. For Petitioner : Mr.S.Ananth For Respondent(s): Mr.M.V.Ramachandramurthy Additional Public Prosecutor (Puducherry) Asst. by Mr.A.Alexander https://www.mhc.tn.gov.in/judis CRL OP No. 22457 of 2025 Government Advocate [Pondy] ORDER This Criminal Original Petition has been filed to direct the respondent not to harass the petitioner in pursuant to the summons issued by him on 29.07.2025. 2. It is the case of the petitioner that in a complaint given by one Ilagovan against one Tamilselvan, the petitioner had been summoned. According to the petitioner, except filing returns of the said Tamilselvan before the appropriate authorities, he has no role in the aforesaid complaint. The allegation itself is with regard to non payment of loan amount by the said Tamilselvan. The petitioner being the auditor of the accused is being summoned repeatedly and being harassed by the respondent. Hence, seeks aforesaid relief. https://www.mhc.tn.gov.in/judis CRL OP No. 22457 of 2025 3. I have perused entire complaint. The crux of the complaint indicate that one Tamilselvan allegedly borrowed a loan of Rs.30 lakhs and it has not been repaid. He had sought three months time for repayment of the amount. However, the amount has not been repaid. The very allegation itself indicate that it is a money transaction between two individuals. In such view of the matter, summoning the auditor of the borrower is not relevant to the case at all. It is nothing but clear harassment. Hence, this Court is of the view that the very summons issued by the police officer to the auditor of the borrower is liable to be quashed. Accordingly, this Criminal Original Petition is allowed and the summons issued to the petitioner by the respondent is quashed. 14-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No vrc https://www.mhc.tn.gov.in/judis CRL OP No. 22457 of 2025 To 1.The Station House Officer, Muthialpet Police Station, muthialpet, puducherry. 2. The Additional Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 22457 of 2025 N.SATHISH KUMAR J. vrc CRL OP No. 22457 of 2025 14-08-2025 https://www.mhc.tn.gov.in/judis