S Balaji v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN S.Balaji ... Petitioner Vs.

State Represented by, The Inspector of Police, T6, Avadi Police Station, Avadi (C.S.R.No.1761/2024) ... Respondents Prayer: Criminal Original Petition is filed under Section 528 of BNSS, to direct the respondent police not to harass the petitioner in C.S.R.No.1761 of 2024 dated 22.07.2024 on the file of the respondent police.

For Petitioner : Mr.G.Ashokkumar For Respondent : Mr.K.M.D.Muhilan, Government Advocate (Crl. Side)

O R D E R

The petitioner herein who has been summoned under Section 179 of BNSS Act for appearance and participate in the enquiry on the complaint given by one Kumaravelan is before this Court stating that in spite of explaining the police earlier that they have no territorial 1/4

jurisdiction to enquire the matter and also the complaint of Kumaravelan is bereft of merit, the police is frequently harassing him and hence seeks protection.

2.

The learned Government Advocate (Crl.Side) appearing for the respondent police submits that the complaint was received against this petitioner alleging that as a partner in the granite business, the petitioner has cheated the defacto complainant. In this connection, he has been called for participating in the enquiry. He further submits that the police will enquire and proceed only if there is any disclosure of commission of cognizable offence. For such enquiry, the attendance of the petitioner is required.

3.

In the light of the above submission, this Criminal Original Petition is disposed of directing the petitioner to appear before the respondent police on 16.08.2024. On such appearance, the respondent police shall enquire the matter in accordance with law and proceed. 09.08.2024 Index : Yes/No rpl 2/4

To 1.The Inspector of Police, T6, Avadi Police Station, Avadi 2.The Public Prosecutor, High Court of Madras, Chennai.

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Dr.G.JAYACHANDRAN,J.

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