Madras High CourtCRL OP/22767/2025disposed of

Pothuvudai v. The Superintendent Of Police

2025-08-18Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR CRL OP No. 22767 of 2025

1. POTHUVUDAI S/O Narayanasamy, D.No.3/585, Karpaganatharkulam, Kaduvetti, Idumbavanam Post, Tiruvarur District.

Petitioner(s) Vs

1. The Superintendent of Police Nagapattinam District.

2.The Deputy Superintendent of Police Vedaranyam, Nagapattinam District.

3.The Inspector Of Police Voimedu Police Station, Nagapattinam District.

Respondent(s) PRAYER : Petition filed under Section 528 of BNSS, 2023, to direct the 3rd Respondent Police not to harass the petitioner under the guise of investigation/enquiry and pass such further orders.

For Petitioner(s):

Mr.M.Vijaya Ragavan For Respondents: Mr.R.Vinoth Raja Govt. Advocate (Crl.Side)

ORDER

This Petition has been filed to direct the 3rd Respondent Police not to harass the petitioner under the guise of investigation/enquiry and pass such further orders.

2. It is the contention of the petitioner that under the pretext of enquiry, the police is unnecessarily harassing the petitioner.

3. The learned Government Advocate [Criminal Side] on instructions submitted that on the complaint given by the defacto complaint, notice has been issued to the petitioner. But the petitioner has not appeared before the respondent for enquiry and he is not co-operating with the investigation.

4. Such being the position, it is for the investigating agency to issue appropriate notice to the petitioner under Section 35(3) of BNSS

for enquiry and on such notice, the petitioner shall appear for enquiry and co-operate with the investigation. If any cognizable offence is made out, the respondent shall register the First Information Report and proceed as per law.

5. With the above direction, this Criminal Original Petition is disposed of.

18-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes gsk

N.SATHISH KUMAR J.

gsk To 1.The Superintendent of Police Nagapattinam District.

2.The Deputy Superintendent of Police Vedaranyam, Nagapattinam District.

3.The Inspector Of Police Voimedu Police Station, Nagapattinam District. 4.The Public Prosecutor, Madras High Court.

CRL OP No. 22767 of 2025 18.08.2025