Vasant Bhai Chimanbhai Patel Vs The Commissioner of Police

Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to direct the respondents 1 & 2 not to harass the petitioners in the guise of enquiry at the instance of 3 rd respondent.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.16090 of 2026

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For Petitioner s : M r. J. Ranjith Kumar, for M/s. Surana & Surana

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For Respondents : Mr. A. Amarnath, Counsel for Government of Tamil Nadu (Crl.Side) for R1 & R2

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O R D E R

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This Criminal Original Petition has been filed seeking a direction to respondents 1 & 2 not to harass the petitioners under the guise of conducting an enquiry at the instance of 3 rd respondent.

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2. The petitioners are carrying on business in Dubai. Earlier, they had a business relationship with the 3 rd respondent, however, the relationship subsequently turned sour. Civil suits were instituted before the competent Courts in Dubai and decrees have been passed in favour of the petitioners. Suppressing the said fact, the 3 rd respondent, through his agent, lodged a complaint before the respondent police, while he himself continues to remain in Dubai and has not appeared before the authorities.

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2.1. Pursuant to the summons issued in C.No.178/DC-CCB-TCP/COP

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(PG)/26, the authorised representative of the petitioners, one Kailas Savant, appeared before the respondent police, submitted his explanation and 2/6

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.16090 of 2026 produced the relevant documents. Despite the same, the alleged harassment continued, compelling the petitioners to appear in-person. Consequently, the petitioners submitted a representation dated 03.06.2026, setting out all the relevant facts. For the sake of clarity, the representation dated 03.06.2026 is extracted hereunder:

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“We are doing business in the name and style “SEP Sons India Pvt. Ltd.” in the above mentioned address.

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While so, we have received Summon dated 13.05.2026 from CCB, Tambaram for the subject mentioned matter. The said Summons was issued pursuant to the complaint lodged by M/s. Style & Scents Global for Perfumes and Cosmetics Trading LLC, for the alleged supply of inferior quality perfume products to their customers in U.S.A, in the year 2019.

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Our CEO viz. Mr. Kailas Savant appeared before CCB, Tambaram on 14.05.2026 and gave suitable explanation. Our Company SEP Sons India Pvt. Ltd. filed a commercial suit for recovery of money before the Dubai Court in Claim No. 1631 of 2022 against the Complainant viz. M/s. Style & Scents Global for Perfumes and Cosmetics Trading LLC and the Dubai Court passed a Decree in our favour dated 28.02.2023 and directed the complainant M/s. Style & Scents to pay a sum of USD 525112 with legal interest @ 5% per annum, till the final payment is made.

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The entire allegation in the complaint regarding the inferior quality was already raised by the Complainant in the Court proceedings in Dubai itself and the entire transaction took place within the jurisdiction of Dubai. However, the plea of the complainant regarding the quality of the goods supplied, was not considered by the Court and the order was passed in

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.16090 of 2026

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our favour.

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The Complainant viz. M/s. Style & Scents has not made any payment to our Company and to escape the clutches of law and dodging the lawful payment, entitled by our Company. The Complainant lodged the present complaint for the transaction took place in the year 2019 and after 7 years, the present complaint was lodged against us with an ulterior motive to harass us and our Company in a civil dispute, which was already decided by the appropriate Court in Dubai and the same was ended in our favour.

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At the time of enquiry on 14.05.2026, our Company CEO gave the explanation in this regard along with the relevant documents and Court orders.

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In such circumstances, it is very clear the above said complaint was lodged only with an ulterior motive of avoiding payment to us pursuant to the order of the Dubai Court. The Complainant is arm twisting us in a dispute which is purely civil in nature, by giving a criminal colour to the same. The allegation mentioned in the complaint is purely false and concocted story only to take the complaint on file.

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Therefore, we request your good self to kindly close the above complaint as civil in nature and give suitable instruction to the officials concerned not to harass us with regard to the false complaint lodged by M/s. Style & Scents and oblige.”

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3. In view of the above, the respondent police shall keep

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themselves away from the commercial dispute between the petitioners and the 3 rd respondent. It is also seen that, till date, the complainant has not even appeared before the respondent police. If any further enquiry is required, the respondent police may proceed only after arriving at a subjective satisfaction 4/6

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.16090 of 2026

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regarding the necessity for such enquiry and by duly recording the reason for

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such satisfaction.

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4. With the above directions, this Criminal Original Petition is

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disposed of.