S.Ashok v. The Deputy Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.12.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.Ashok ... Petitioner Vs.

1. The Deputy Commissioner of Police, West Tambaram, Tambaram, Chennai.

2. The Assistant Commissioner of Police, Selaiyur, Selaiyur Police Station, Selaiyur.

3. The Inspector of Police, W-5, All Women Police Station, Selaiyur, Chitalapakkam, Chennai.

... Respondents Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the respondents 2 and 3 not to harass the petitioner relating to complaint lodged by Nandhini before the third respondentPolice. For Petitioner : Mr.M.I.Javid Akbar For Respondents : Mr.S.Sugendran Additional Public Prosecutor 1/5

O R D E R

This Criminal Original Petition is filed to direct the respondents 2 and 3 not to harass the petitioner pursuant to complaint lodged by Nandhini before the third respondent-Police.

2. Learned counsel for the petitioner submitted that since the complaint regarding matrimonial dispute is pending with the third respondent herein, the Inspector of Police, W5, All Women Police Station, Selaiyur, the petitioner and his father are being called by the second respondent for enquiry without any prior notice or summons. He further submitted that second respondent had been forcing and threatening the petitioner to withdraw the divorce case and suit filed by his parents. Hence, the present petition is filed by the petitioner.

3. When the matter was taken up for hearing on 02.12.2024, this Court directed the second respondent - Assistant Commissioner of Police, Selaiyur Police Station, Selaiyur, Chennai to appear before this Court on 03.12.2024.

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4. Today, when the matter is taken up for hearing Mr.S.Christin Jayasil, Assistant Commissioner of Police, Selaiyur Police Station, Selaiyur, Chennai has appeared before this Court and submitted that as he is also in-charge of W-5, All Women Police Station, Selaiyur, Chennai, as the Inspector of Police, W-5, All Women Police Station, Selaiyur, Chennai, is on other duty, he has not made any calls to the petitioner and the petitioner has received the call from his office for enquiry.

5. This Court directs that if any complaint received, the concerned Station House Officer/Inspector of Police alone shall deal with the complaint and no superior officer shall interfere with the investigation.

6. With the above observation, this Criminal Original Petition is closed.

03.12.2024 Index : Yes/No Speaking Order : Yes/No ms 3/5

To

1. The Deputy Commissioner of Police, West Tambaram, Tambaram, Chennai.

2. The Assistant Commissioner of Police, Selaiyur, Selaiyur Police Station, Selaiyur.

3. The Inspector of Police, W-5, All Women Police Station, Selaiyur, Chitalapakkam, Chennai.

4. The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J ms 03.12.2024 5/5