CRL OP No. 23037 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20-08-2025 CORAM THE HONOURABLE MR JUSTICE N. SATHISH KUMAR CRL OP No. 23037 of 2025 1. G.Dhanasekaran S/o.Late.Gopal, 2/300, Kambar Street, Mudichur, Mannivakkam, Kanchipuram District, Tamilnadu-600 048. 2.G.Ramachandran S/o.Late.Gopal, No.2/140, Anna Street, Mudichur, Chennai-600 048. 3.G.Manohar @ Manoharan S/o.Late.Gopal, 2/300, Kambar Street, Mudichur, Mannivakkam, Kanchipuram District, Tamilnadu-600 048. Petitioner(s) Vs 1. STATE BY, The Inspector of Police T-10, Mani Mangalam Police Station, Mudichur Sriperabathur Road, Kanchipuram District.(C.No.565/DCP-TBM/DC PG/2025, 02.42/ACP-MMM/DC-PG/2025). Respondent(s) https://www.mhc.tn.gov.in/judis CRL OP No. 23037 of 2025 PRAYER Criminal Original Petition filed under section 528 of BNSS to direct the Respondent not to harass the Petitioners under the guise of enquiry in 01. C.No.565/DCP-TBM/DC PG/2025, 02. C.No.42/ACP-MMM/DC-PG/2025 without following the due process, pending enquiry on the file of the respondent police and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case. For Petitioner(s): M/s.S.Vijayaraghavan For Respondent: Mr.K.M.D.Muhilan, Additional Public Prosecutor ORDER This Criminal Original Petition has been filed to not to harass the petitioner under the guise of enquiry in 01. C.No.565/DCP-TBM/DC PG/2025, 02. C.No.42/ACP-MMM/DC-PG/2025 without following the due process, pending enquiry on the file of the respondent police 2. The case of the petitioners is that the father of the defacto complainant had borrowed loan from the first petitioner and executed an unregistered sale deed in favour of the first petitioner and first petitioner had in turn settled the property in favour of the second petitioner. It is the further contention of the https://www.mhc.tn.gov.in/judis CRL OP No. 23037 of 2025 petitioner that suppressing all these facts, the defacto complainant had given a complaint as if the petitioners had illegally dealing with the property. The grievance of the petitioners is that on the basis of the complaint given by the defacto complainant, the respondent is harassing the petitioners under the guise of enquiry. 3. The learned Additional Public Prosecutor appearing for the respondent on instructions submitted that on the complaint given by the defacto complaint, the respondent police is conducting enquiry. 4. Such being the position, it is for the investigating agency to issue appropriate notice to the petitioners for enquiry and on such notice, the petitioners shall appear for enquiry and co-operate with the investigation. If any cognizable offence is made out, the respondent shall register the First Information Report and proceed as per law. https://www.mhc.tn.gov.in/judis CRL OP No. 23037 of 2025 5. With the above direction, this Criminal Original Petition is disposed of. 20-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No vrc To, 1.The Inspector of Police T-10, Mani Mangalam Police Station, Mudichur Sriperabathur Road, Kanchipuram District.(C.No.565/DCP- TBM/DC PG/2025, 02.42/ACP- MMM/DC-PG/2025). https://www.mhc.tn.gov.in/judis CRL OP No. 23037 of 2025 N.SATHISH KUMAR J. vrc CRL OP No. 23037 of 2025 20-08-2025 https://www.mhc.tn.gov.in/judis