Victor Samuel Raj v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN Victor Samuel Raj ... Petitioner Vs.

1. The Commissioner of Police Avadi Police Commissionerate Avadi, Chennai - 600 054

2. The Deputy Commissioner of Police Redhills District - Avadi Commissionerate Arul Nagar, Mangalapuram Madhavaram Milk Colony Chennai - 600 118

3. The Assistant Commissioner of Police Ambattur Zone, Kamarajapuram, Ambattur Chennai - 600 053

4. The Inspector of Police (Crime) T3, Police Station, Korattur Chennai - 600 080 ... Respondents 1/5

Prayer: Criminal Original Petition filed under Section 528 of BNSS, 2023 to direct the respondents 1 to 3 not to harass the petitioner relating to complaint lodged by Sathish Kumar before the 4th respondent police. For Petitioner : Mr.M.I.Javid Akbar For Respondents : Dr.C.E.Pratap Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioner to direct the respondents 1 to 3 not to harass the petitioner relating to complaint lodged by Sathish Kumar before the 4th respondent police.

2. The case of the petitioner is that based on the complaint lodged by one Sathish Kumar regarding money dispute, the 4th respondent police without jurisdiction, received the complaint and threatening the parents of the petitioner who are aged about 71 years over phone and in person. The petitioner has also produced the details of phone call alleged to have been made by police.

3. Heard both sides and perused the materials available on record. 2/5

4. A reading of the communication stated to have been made by the police to the parents of the petitioner over phone shows that the respondent police are unnecessarily harassing the parents of the petitioner.

5. Therefore, the respondent police is directed not to harass the parents of the petitioner. If at all the respondent police has got jurisdiction, they have to conduct preliminary enquiry based on the complaint and if prima facie case is made out, they can register the case and proceed in accordance with law. Without due process of law, the respondent police has no authority to threaten the relatives/parents of the accused.

6. With the above observations and directions this Criminal Original Petition is disposed of.

12.06.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 3/5

To

1. The Commissioner of Police Avadi Police Commissionerate Avadi, Chennai - 600 054

2. The Deputy Commissioner of Police Redhills District - Avadi Commissionerate Arul Nagar, Mangalapuram Madhavaram Milk Colony Chennai - 600 118

3. The Assistant Commissioner of Police Ambattur Zone, Kamarajapuram, Ambattur Chennai - 600 053

4. The Inspector of Police (Crime) T3, Police Station, Korattur Chennai - 600 080

5. The Public Prosecutor High Court of Madras, Chennai 4/5

P.VELMURUGAN. J.

Ksa-2 12.06.2025 5/5