Madras High CourtCRL OP/1680/2026disposed of

D.Rajesh Kumar v. The State Rep. By Its

2026-01-27Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-01-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA CRL OP No.1680 of 2026 D.Rajesh Kumar ..Petitioner Vs

1. The State represented by its The Joint Commissioner of Police, Chennai South Zone Office, Police Office Street, Saint Binny Road, Nizarathipuram, Gandhi Nagar, Saint Thomas Mount, Chennai - 600 016.

2. The Inspector of Police J3, Guindy Police Station, Crime Branch, Alandur Road, SIDCO Industrial Estate, Guindy, Chennai - 600 052.

..Respondent(s) Prayer: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita to issue a direction to the respondents not to harass the petitioner under the guise of enquiry in connection with the complaint dated NIL lodged by Mrs.Sumathi.

For Petitioner :

Mr.V.Govardhanan For Respondents :

Mr.S.Santhosh Government Advocate (Criminal Side)

ORDER

The present Criminal Original Petition has been filed seeking a direction to the respondents not to harass the petitioner under the guise of enquiry in connection with the complaint dated NIL lodged by one Sumathi. 2.

The case of the petitioner is that under the pretext of conducting an enquiry in connection with the existing civil and contractual dispute with Sumathi, the respondent Police are unnecessarily harassing him and the petitioner has been unnecessarily summoned by the respondent police. 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.S.R.No.34 of 2026 and that the petitioner was called only for enquiry and was not harassed during the enquiry.

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.

Accordingly, this Criminal Original Petition stands disposed of. 27-01-2026 MRN Note: Issue order copy by 29.01.2026 To

1. The Joint Commissioner of Police, Chennai South Zone Office, Police Office Street, Saint Binny Road, Nizarathipuram, Gandhi Nagar, Saint Thomas Mount, Chennai - 600 016.

2. The Inspector of Police J3, Guindy Police Station, Crime Branch, Alandur Road, SIDCO Industrial Estate, Guindy, Chennai - 600 052.

3. The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA, J.

MRN 27-01-2026