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Madras High CourtCRL OP/22769/2025disposed of

Vijayan 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

1. VIJAYAN S/O Chinnaya Gounder, Tank Street, Kattusiviri Post, Dindivanam Taluk, Villupuram District.

Petitioner(s) Vs

1. The Superintendent of Police Villupuram District.

2.The Inspector Of Police District Crime Branch, Villupuram District.

3.Lakshmanan S/O Ayyavu Gounder, Rottu Theru, Kattusiviri Post, Dindivanam Taluk, Villupuram District.

Respondent(s) PRAYER: Petition filed under Section 528 of BNSS, to direct the 1st respondent to instruct the respondents No.2 not to harass on the basis of

petitioners representation dated 04.08.2025 and pass such further other orders. For Petitioner(s):

M/s.P.Murugesan For Respondents: Mr.R.Vinoth Raja

ORDER

This Petition has been filed to direct the 1st respondent to instruct the respondents No.2 not to harass on the basis of petitioners representation dated 04.08.2025 and pass such further other 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 Villupuram District.

2.The Inspector Of Police District Crime Branch, Villupuram District.

3.Lakshmanan S/O Ayyavu Gounder, Rottu Theru, Kattusiviri Post, Dindivanam Taluk, Villupuram District.

4.The Public Prosecutor, Madras High Court. Cr Crl.O.P.No.22769 of Crl.O.P.No.22769 of 2025 18.08.2025