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Madras High CourtCRL OP/2017/2026disposed of

S. Mageshwaran v. The Commissioner Of Police

2026-02-02Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2026

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA S.Mageshwaran

...Petitioner

Vs.

1.

The Commissioner of Police, Commissioner Office, Tambaram, Chennai - 600 045.

2.

The Inspector of Police, W-5, All Women Police Station, Selayur, Tambaram - 600 072.

3.

Manisha Malini

...Respondents

Criminal Original Petition filed under Section 528 of BNSS, 2023, seeking to direct the 2nd respondent not to harass the petitioner and his family members in the name of enquiry, vide Ref.No.C.No.84/W-5 AWPS/COP-PG/2025.

For Petitioner : Mr.R.Ganesan For Respondents : Mr.S.Santhosh, GA(Crl. Side), for R1 & R2

ORDER

This criminal original petition has been filed seeking to direct the 2nd respondent not to harass the petitioner and his family members under the guise of enquiry.

2. When the matter was taken up for hearing, the learned Government Advocate (Criminal Side) appearing for the 1st and 2nd respondents, on instructions, submitted that based on the complaint given by the 3rd respondent, current paper enquiry is pending in C.No.206/T22P8/COP/2025, and the petitioner was called only for enquiry and that the respondent-police are not unnecessarily harassing the petitioner.

3. In such circumstances, 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/investigation. If any cognizable offence is made out, the respondent-police shall register a First Information Report and proceed in accordance with law.

4. This criminal original petition stands disposed of accordingly.

02.02.2026 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:

1.

The Commissioner of Police, Commissioner Office, Tambaram, Chennai - 600 045.

2.

The Inspector of Police, W-5, All Women Police Station, Selayur, Tambaram - 600 072.

3.

The Public Prosecutor, Madras High Court.

A.D.JAGADISH CHANDIRA, J.

skt 02.02.2026