Crl.OP(MD) No.14762 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2026 CORAM THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.14762 of 2026 R.Joseph ... Petitioner Vs 1. The State of Tamilnadu Rep By, the Superintendent of Police,, O/o. The Superintendent of Police, Thirumayam Road, Pudukottai District. 2. The Inspector of Police, Annavasal Police Station, Pudukottai District. 3. Jeyaseelan, S/o. Antony Muthu, D.No. 3/180, Fathima Nagar, Sethurappattti, Trichirappalli District. ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of BNSS Act, to direct the 2nd Respondent to not to harass the petitioner under the guise of enquiry. For Petitioner : Mr.A.Balaji For Respondents : Mr.B.Arun Government Advocate (Crl.Side) for R1, R2 1/4 https://www.mhc.tn.gov.in/judis Crl.OP(MD) No.14762 of 2026 ORDER The present petition has been filed seeking a direction against the second respondent not to harass the petitioner under the guise of enquiry. 2.The learned counsel for the petitioner submit that the third respondent herein has filed a suit in OS No.168 of 2023 before the learned Additional District and Sessions Judge, Pudukottai for the relief of Specific Performance and the same is pending. 3.The learned Government Advocate (Crl.Side) appearing for the respondents police submit that a complaint has been lodged by the third respondent that the petitioner has not repaid the amount, which has been received by him on the promise that he would execute a sale deed. 4.Considering the aforesaid facts, it is clear that when a suit for the relief of specific performance is pending, the second respondent does not have any jurisdiction whatsoever to entertain a complaint relating to refund of money arising out of a sale agreement. 2/4 https://www.mhc.tn.gov.in/judis Crl.OP(MD) No.14762 of 2026 5.In such view of the mater, there shall be a direction to the second respondent not to harass the petitioner under the guise of enquiry. With the aforesaid observations, this Criminal Original Petition stands allowed. 20.07.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No PNM To 1.The Superintendent of Police,, O/o. The Superintendent of Police, Thirumayam Road, Pudukottai District. 2. The Inspector of Police, Annavasal Police Station, Pudukottai District. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4 https://www.mhc.tn.gov.in/judis Crl.OP(MD) No.14762 of 2026 R.VIJAYAKUMAR , J. PNM ORDER MADE IN Crl.OP.(MD)No.14762 of 2026 20.07.2026 4/4 https://www.mhc.tn.gov.in/judis