M.Vijayakumar v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No. 18299 of 2025 Vijayakumar ... Petitioner Vs

1. The Commissioner of Police, Tambaram Police Commissionerate, No.28, Muthurengan Street, West Tambaram, Chennai-45.

2. The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, Tambaram, Chennai-45.

3. The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Pallavaram, Chennai - 43. ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS 2023, to direct the third respondent-Police that not to harass the petitioner and his family members.

For Petitioner : Mr.S.Sooriakanth For Respondents : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction, to direct the third respondent-Police not to harass the petitioner and his family members.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondentPolice and perused the materials available on record.

3. Learned counsel for the petitioner submitted that the petitioner and the de-facto complainant have done real estate business for nearly seven years. Subsequently they stopped their business. With regard to the dispute arose between them, the defacto complainant made a false case as against the petitioner. The dispute between the parties is civil in nature. The respondent-Police has given criminal colour to the civil dispute. He further submitted that after receipt of summon, the petitioner appeared before the respondent-Police on 13.6.2025. Despite the same, the respondent-Police is continuously harassing the petitioner.

4. Learned Government Advocate (Crl.Side) appearing for the respondent-Police admitted that the petitioner appeared before the respondent-Police for enquiry.

5. On a perusal of the records, it is seen that the dispute between the parties is civil in nature. The respondent-Police is directed to conduct enquiry and proceed the case in accordance with law. However, the respondent-Police is directed not to harass the petitioner. The petitioner is also directed to co-operate with the respondent-Police for completion of enquiry.

6. With the abovesaid direction, this Criminal Original Petition is disposed of.

30.06.2025 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The Commissioner of Police, Tambaram Police Commissionerate, No.28, Muthurengan Street, West Tambaram, Chennai-45.

2. The Deputy Commissioner of Police, Office of the Deputy Commissioner of Police, Tambaram, Chennai-45.

3. The Assistant Commissioner of Police, Office of the Assistant Commissioner of Police, Pallavaram, Chennai - 43.

4. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa Crl.O.P.No. 18299 of 2025 30.06.2025