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Madras High CourtCRL OP/1541/2026disposed of

Jones Allen Benjamin Alexander v. The Assistant Commissioner Of Police,

2026-01-23Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-01-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA Jones Allen Benjamin Alexander ..Petitioner(s) Vs

1. The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Central Crime Branch, Vepery,Chennai - 600 007.

2. The Inspector of Police Beta -IV,EDF -II, Central Crime Branch, Vepery, Chennai -600 007.

3. Prabha The Inspector of Police, Beta - IV, EDF - II, Central Crime Branch, Vepery, Chennai - 600 007.

..Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the respondents herein, not to harass the petitioner herein in the guise of complaint of petitioner wife on the matrimonial or civil disputes pending before the court of law or on any dispute pertaining to business affairs of company belonging to the petitioner and pass such further or other orders as this Hon'ble Court may deem fit and proper in the circumstances of the case and thus render justice. For Petitioner :

Mr.K.Muthu Ganesa Pandian For Respondents :

1 and 2 For Respondent 3 :

Mr.S.Santhosh, Government Advocate (Criminal Side) Mr.V.Balakrishnan

ORDER

The present Criminal Original Petition has been filed seeking a direction to the respondent police not to harass the petitioner under the guise of enquiry.

2.

The case of the petitioner is that under the pretext of conducting an enquiry in connection with the existing matrimonial and civil dispute with his wife, the respondent Police are unnecessarily harassing him. 3.

Learned Government Advocate (Criminal Side), on instructions, submitted that based on the complaint given against the petitioner, the respondent Police are conducting an enquiry in C.No.1413/CCB/COP/ Visitors/2025 and that the petitioner was called only for enquiry and was not harassed during the enquiry.

4.

Such being the position, it is for the Investigating Agency to issue appropriate notice to the petitioner under Section 35(3) of BNSS for enquiry and on receipt of such notice, the petitioner shall appear for enquiry and cooperate in the investigation. It is made clear that the petitioner shall not be harassed during the course of enquiry. If any cognizable offence is made out, the respondent Police shall register a First Information Report and proceed in

accordance with law.

5.

Accordingly, this Criminal Original Petition stands disposed of. 23-01-2026 Index: Yes/No Speaking/Non-speaking order SRM To

1. The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Central Crime Branch, Vepery,Chennai - 600 007.

2. The Inspector of Police Beta -IV,EDF -II, Central Crime Branch, Vepery, Chennai -600 007.

3. The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA, J.

SRM 23-01-2026