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Madras High CourtCRL OP/22778/2025disposed of

Sushil Lalwani v. The Commissioner 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. Sushil Lalwani S/o.Prakash Lalwani, No.23, E.V.R.

Periyar High Road, Periamet, Chennai600 003.

Petitioner(s) Vs

1. The Commissioner of Police, Greater Chennai Police, EVR Periyar Salai, Vepery, Chennai-600 007.

2.State rep.by its, Inspector of Police, Central Crime Branch, EDF-II, Beta III, Vepery, Chennai-600 007.

Respondent(s) PRAYER : Petition filed under Section 528 of BNSS to direct the respondents not to harass the petitioner and his family members except under due process of law and pass such further or other orders that this Hon'ble Court deems fit and proper in the circumstances of this case.

For Petitioner(s):

M/s.P.Chandrasekar R.Mohanaraja T.R.C.Venghatesh C.Manimekalai D.Anandkumar R.Madhumitha S.Harini M.Murali For Respondents:

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

ORDER

This Petition has been filed to direct the respondents not to harass the petitioner and his family members except under due process of law.

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 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 Commissioner of Police, Greater Chennai Police, EVR Periyar Salai, Vepery, Chennai-600 007.

2.State rep.by its, Inspector of Police, Central Crime Branch, EDF-II, Beta III, Vepery, Chennai-600 007.

Crl.O.P.No.22778 of 2025 18.08.2025