Gopinath v. The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.09.2025

CORAM:

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

1.The Deputy Superintendent of Police Mamallapuram Sub Division Chengalpattu District 2.The State Rep by its The Inspector of Police Thirukalukundram Police Station Chengalpattu District ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, directing the respondents 1& 2 not to harass the petitioner. For Petitioner : Mr.K.Myilsamy For Respondents : Mr.R.Vinothraja Government Advocate (Crl.Side)

ORDER

This Petition has been filed to direct the respondents not to harass the petitioner.

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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.

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To 1.The Deputy Superintendent of Police Mamallapuram Sub Division Chengalpattu District 2.The State Rep by its The Inspector of Police Thirukalukundram Police Station Chengalpattu District

3. The Public Prosecutor, High Court of Madras.

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N. SATHISH KUMAR , J.

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