M.Rajesh v. State Rep By The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

1. M.Rajesh S/o.Masivel, 1A, Ward 12 nattar Street, Periyamampattu, Tirygadurugam, Villupuram District

2. Sathyabama W/o.Rajesh, No.14, Nattat Street, Periyamampattu, Tiyagadurugam, Villupuram district Petitioner(s) Vs

1. State rep by the Deputy Superintendent of Police Economic Offence Wing, D.No.340, Pnajavarna Nagar, Alagapuram,Salem District 2.The Inspector of Police Economic Offence Wing, D.No.340, Pnajavarna Nagar, Alagapuram, Salem District Respondent(s)

PRAYER : Petition filed under Section 528 of BNSS, to direct the respondent not to harass the petitioners in any manner except by due process of law and thus render justice For Petitioner(s):

T.Muruganantham M.Rajkumar M.Praveen V.Vivek For Respondent(s):

Mr.R.Vinoth Raja, Govt. Advocate (Crl.Side)

ORDER

This Petition has been filed to direct the respondents not to harass the petitioners in any manner except by due process of law and thus render justice

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

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 petitioners. But the petitioners have not appeared before the respondent for enquiry and they are not co-operating with the investigation.

4. Such being the position, it is for the investigating agency to issue appropriate notice to the petitioners under Section 35 of BNSS for enquiry and on such notice, the petitioners 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.State rep by the Deputy Superintendent of Police Economic Offence Wing, D.No.340, Pnajavarna Nagar, Alagapuram,Salem District Crl.O.P.No.22812 of 2025 2.The Inspector of Police Economic Offence Wing, D.No.340, Pnajavarna Nagar, Alagapuram, Salem District.

3.The Public Prosecutor, High Court of Madras.

18.08.2025