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Madras High CourtCRL OP/7882/2026disposed of

R.Sudha v. The Commissioner Of Police,

2026-03-27Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.03.2026

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl. O.P. No. 7882 of 2026 R. Sudha ... Petitioner Vs.

1.The Commissioner of Police, Tambaram Commissionerate, Tambaram, Chennai - 600 119.

2.The Assistant Commissioner of Police, Tuduvanchery, Chengalpattu District - 603 202. 3.The Inspector of Police, T6 - Peerkaankaranai Police Station, New Perungalathur, Tambaram, Chennai - 600 063. 4.K. Mani ... Respondents Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the third respondent police not to harass, abuse or threaten the petitioner in any manner under the guise of enquiry on the false and frivolous complaint of 4th respondent or otherwise, since the aspects of case is purely in civil nature. For Petitioner : Mr. S. Deepak For Respondents: Mr. Leonard Arul Joseph Selvam, Additional Public Prosecutor for R1 to R3 1/4

O R D E R

This Criminal Original Petition has been filed seeking a direction to the 3rd respondent police not to harass, abuse or threaten the petitioner in any manner under the guise of enquiry based on the false and frivolous complaint of the 4th respondent or otherwise, since the aspects of the case are purely civil in nature.

2. The contention of the petitioner is that the petitioner and the 4th respondent are neighbours. There is a dispute with regard to the construction of the compound wall, which is essentially civil in nature but has been given a criminal colour.

3. The learned Additional Public Prosecutor appearing for the respondents 1 to 3 submitted that the 4th respondent had lodged a complaint and C.S.R.No.831 of 2025 was assigned and is pending. The petitioner had put up a construction encroaching upon the 4th respondent's property. The RDO conducted a spot inspection and found that the petitioner had made an encroachment. For the purpose of further enquiry and to take appropriate steps, the petitioner was called for enquiry. 2/4

4. The learned counsel for the petitioner, on instructions, submitted that the petitioner is ready to appear before the 3rd respondent on 01.04.2026, without fail along with the supporting documents.

5. The 3rd respondent is directed to call the petitioner for enquiry and thereafter to take appropriate action in accordance with law. In the event of the petitioner not appearing and failing to cooperate with the enquiry, appropriate coercive action, if required, may be taken.

6. Recording the above, this Criminal Original Petition is disposed of. 27.03.2026 AT 3/4

M.NIRMAL KUMAR, J.

AT To 1.The Commissioner of Police, Tambaram Commissionerate, Tambaram, Chennai - 600 119.

2.The Assistant Commissioner of Police, Tuduvanchery, Chengalpattu District - 603 202. 3.The Inspector of Police, T6 - Peerkaankaranai Police Station, New Perungalathur, Tambaram, Chennai - 600 063. 4.The Public Prosecutor, High Court of Madras.

Crl. O.P. No. 7882 of 2026 27.03.2026 4/4