Suresh v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.09.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR Suresh ... Petitioner Vs.

1.The Commissioner of Police Chennai 2.The Inspector of Police R-5, Virugambakkam Police Station Chennai ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, directing the 2nd respondent not to harass the petitioner by appreciating the facts and circumstances of th case.

For Petitioner : Mr.Deepanuday For Respondents : Mr.R.Vinothraja for R1 & R2 Government Advocate (Crl.Side)

ORDER

This Petition has been filed to direct the 2nd 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 1/4

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.

17.09.2025 dhk :Yes/No Internet : Yes/No To 2/4

1.The Commissioner of Police Chennai 2.The Inspector of Police R-5, Virugambakkam Police Station Chennai

3. The Public Prosecutor, High Court of Madras.

N. SATHISH KUMAR , J.

dhk 3/4

17.09.2025 4/4