Madras High CourtCRL OP/27591/2025disposed of

Abiraj v. The Commissioner Of Police

2025-10-09Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-10-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

1. Abiraj

2. Swetha Petitioner(s) Vs

1. The Commissioner of Police Commissioner Office, Chennai.

2.The Inspector of Police Esplanade Police Station, Chennai.

Respondent(s) PRAYER To direct the 2nd respondent not to harass the petitioners except due process of law and thus render justice.

For Petitioner(s):

K.Karuppaiyamooppanar N.P.Mark Raj P.Mannar Mannan For Respondent:

Mr.R.Vinothraja, Govt. Advocate (cl. Side) for R1 & R2

ORDER

This Criminal Original Petition has been filed to issue directions to the second respondent to not to harass the petitioners under the guise of enquiry.

2. The case of the petitioners is that they pledged their Car and received a sum of Rs.5,50,000/- from one Rajan. Even after repayment of the loan with interest, the said Rajan did not return the Car. In the meanwhile, they found their Car abandoned near Mannady Metro Railway station and they took the Car to their home after informing to the concerned Police Station. However, one Sheik Barith gave a complaint against the petitioners for theft of Car. On the basis of the said complaint, the second respondent is harassing the petitioners and threatening them. Hence, this petition.

3. The learned Government Advocate [Criminal Side] on instructions submitted that as enquiry is pending against the petitioners, they were called for enquiry and the respondents have not harassed the petitioner.

4. In such view of the matter, it is for the investigating agency to issue appropriate notice to the petitioners under Section 35(3) of BNSS for enquiry and on such notice, the petitioners 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.

09-10-2025 pvs Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Commissioner of Police Commissioner Office, Chennai.

2.The Inspector of Police Esplanade Police Station, Chennai.

N.SATHISH KUMAR J.

pvs CRL OP No. 27591 of 09-10-2025