Sivakumar v. State Rep.By, The Commissioner Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-03-2026
CORAM
THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR Sivakumar Petitioner(s) Vs
1. State Rep.by, The Commissioner of Police, Office of Commissioner of Police, Chennai City, Opposite to Dhinathanthi Office, E.V.K.Sampath Road, Vepery, Chennai 600 007.
2.Deputy Commissioner of Police, Office of Deputy Commissioner of Police, Tambaram, West Tambaram, Tambaram, Chennai, Tamil Nadu 600 045.
3.The Inspector of Police, T5, Kundrathur Police Station, Kundrathur, Sikkarayapuram, Tamil Nadu 600 069.
Respondent(s) PRAYER: Criminal Original Petition filed under Section 528 of BNSS, to direct the 3rd Respondent to not to harass the petitioner in the guise of investigation in any manner without adopting due process and pass such or any necessary orders.
For Petitioner(s):
Mr.A.Leeban For Respondent(s):
Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed seeking a direction to the 3rd respondent not to harass the petitioner in the guise of investigation, in any manner without adopting due process.
2. Mr.Leonard Arul Joseph Selvam, learned Additional Public Prosecutor appearing for the respondent submitted that the petitioner and the de facto complainant were jointly engaged in a business. Subsequently, they decided to part ways and that the petitioner agreed to settle a sum of Rs.4,50,000/- to the de facto complainant by transferring the ownership of the car to his name. However, as the petitioner failed to do the same, a complaint was lodged by the de facto complainant, which was registered in C.S.R.No.40 of 2026. Pursuant thereto, the respondent police conducted an enquiry, in which both parties appeared and given an undertaking that the issue would be resolved. They eventually agreed upon a sum of Rs.1,72,000/-, out of which Rs.1,00,000/- has already been received by the de facto complainant, and the remaining sum of Rs.72,000/- is yet to be paid by the petitioner.
3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for respondents and perused the materials available on record.
4. Considering the submission made by the learned counsel on either side, this Court is of the view that, having participated in the enquiry, the petitioner cannot subsequently allege harassment. Accordingly, this Criminal Original Petition stands dismissed.
30-03-2026 Jd Index:Yes/No Speaking/Non-speaking order Internet:Yes To
1. State Rep.by, The Commissioner of Police, Office of Commissioner of Police, Chennai City, Opposite to Dhinathanthi Office, E.V.K.Sampath Road, Vepery, Chennai 600 007.
2.Deputy Commissioner of Police, Office of Deputy Commissioner of Police, Tambaram, West Tambaram, Tambaram, Chennai, Tamil Nadu 600 045.
3.The Inspector of Police, T5, Kundrathur Police Station, Kundrathur, Sikkarayapuram, Tamil Nadu 600 069.
4. The Public Prosecutor, Madras High Court, Chennai.
M.NIRMAL KUMAR J.
jd 30-03-2026