Madras High CourtCRL OP/23823/2025closed

R.S.Jain Le Sadmar v. The Superintendent Of Police,

2025-08-28Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

1. R.S.Jain Le Sadmar S/o.C.Ramados, M/10, G4, Ragham Apartments, Thiruvalluvar Nagar, Thiruvanmiyur, Chennai-600 041.

Petitioner Vs

1. The Superintendent of Police, Office of Superintendent of Police, Chengalpet District.

2.State Rep.by, The Inspector of Police (Crime Branch), Thirukalukundram Police Station, Thirukalukundram, Chennai-603 109.

Respondents PRAYER Criminal Original Petition filed u/s.482 of Cr.P.C., seeking to direct the respondent police not to harass the petitioner in the name of enquiry.

For Petitioner(s):

Mr.Aravind Raja For Respondent:

Mr.R.Vinothraja, Govt. Advocate (crl.side)

ORDER

This Criminal Original Petition has been filed by the petitioner seeking to direct the respondent police not to harass the petitioner in the name of enquiry.

2. Learned counsel for the petitioner submitted that based on the complaint lodged by one Vivekananda, the respondent police is harassing the petitioner in the name of enquiry. He further submitted that when the issue between the petitioner and the defacto complainant is purely civil in nature, the respondent police is giving harassment in the guise of enquiry, which amounts to abuse of process of law.

3. The learned Govt. Advocate (crl.side) appearing for the respondents, on instructions, submitted that on the complaint lodged by one Vivekananda, CSR.No.1775 of 2025 was assigned and the enquiry on same is still pending.

4. In such a view of the matter, the respondent police is directed to issue a notice under section 35(3) of BNSS and on receipt of such notice, the petitioner

shall cooperate with the investigation and on the outcome of such investigation, if the issue is found to be civil in nature, the respondent police shall close the same.

5. With the above direction, this Criminal Original Petition is disposed of. msr 28-08-2025 Index:Yes/No Internet:Yes To 1.The Superintendent of Police, Office of Superintendent of Police, Chengalpet District.

2. The Inspector of Police (Crime Branch), Thirukalukundram Police Station, Thirukalukundram, Chennai603 109.

N.SATHISH KUMAR J.

msr 28-08-2025