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Madras High CourtCRL OP/17943/2025dismissed

D.Pounammal v. The Assistant Commissioner Of Police

2025-06-23Honourable Mr Justice P. Velmurugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.06.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN 1.

D.Pounammal 2.

A.Selvam 3.

Kala ... Petitioners Vs.

1.

The Assistant Commissioner of Police, Guduvanchery Police Range, Tambaram Police Commissionerate, Guduvancherry, Chengalpattu District, Chennai - 603 202.

2.

The Inspector of Police (Law & Order), T-7, Otteri Police Station, Wallajah Road, Mannivakkam, Chennai - 600 048.

3.

Shiv Prasad 4.

K.Vijayakumar 5.

Kalpana ... Respondents Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the 1st and 2nd respondents not to harass the petitioners under the guise of enquiry.

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For Petitioners : Mr.C.P.Sivamohan For Respondents : S.Vinoth Kumar Government Advocate (Crl.Side) for R1 and R2

O R D E R

The Criminal Original Petition is filed seeking a direction to the respondents 1 and 2 not to harass the petitioners under the guise of enquiry.

2. Learned Government Advocate (Crl.Side) appearing for the respondents 1 and 2, on instructions, submitted that on the basis of the complaint given by the private respondents herein, the respondentsPolice called the petitioners for enquiry and that there is no harassment as alleged by the petitioners. He further submitted that the respondentsPolice had already registered a case against the second petitioner.

3. No doubt, after receiving the complaint, it is the duty of the Police to conduct an enquiry prior to registration of the case and to file a final report. However, calling the petitioner for enquiry cannot be taken as harassment.

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4. Taking note of the above facts, this Court is not inclined to interfere with the enquiry/investigation of the respondents/Police and there is no prima facie materials to show that respondents/Police have harassed the petitioner. Hence, this Criminal Original Petition is dismissed with a direction to the petitioner to co-operate for the enquiry/investigation.

23.06.2025 Index : Yes/No Speaking Order : Yes/No ms To 1.

The Assistant Commissioner of Police, Guduvanchery Police Range, Tambaram Police Commissionerate, Guduvancherry, Chengalpattu District, Chennai - 603 202.

2.

The Inspector of Police (Law & Order), T-7, Otteri Police Station, Wallajah Road, Mannivakkam, Chennai - 600 048.

3.

The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J ms 23.06.2025 4/4