Madras High CourtCRL OP/26131/2025disposed of

R.Gunasekaran v. The State Rep By The Inspector Of Police

2025-09-23Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.09.2025

CORAM:

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

1.The State rep by the Inspector of Police District Crime Branch, Tiruvallur Chenna Ekkadu, Jaya Nagar Tiruvallur, Tamil Nadu - 602 001 Crime No.207/2025 2.Y.Ashwin Kumar ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, directing the 1st respondent not to harass the petitioner based on the false police complaint lodged by the 2nd respondent on the file of the first respondent.

For Petitioner : M/s.Kamatchi.D For Respondents : Mr.R.Vinothraja for R1 Government Advocate (Crl.Side)

ORDER

This Petition has been filed to direct the 1st respondent not to harass the petitioner based on the false police complaint lodged by the 2nd respondent on the file of the first respondent. 1/4

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 cooperate 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.

23.09.2025 dhk :Yes/No Internet : Yes/No 2/4

To 1.Inspector of Police District Crime Branch, Tiruvallur Chenna Ekkadu, Jaya Nagar Tiruvallur, Tamil Nadu - 602 001

2. The Public Prosecutor, High Court of Madras.

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N. SATHISH KUMAR , J.

dhk 23.09.2025 4/4