Madras High CourtCRL OP/27779/2025disposed of

K.Balanagammal v. The Commissioner Of Police,

2025-10-13Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-10-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR K.Balanagammal Petitioner(s) Vs

1. The Commissioner of Police, O/o. The Commissioner of Police, Salem City, Salem.

2.The Assistant Commissioner of Police O/o. The Commissioner of Police, Salem City, Salem.

3.The Inspector of Police, Shevapet Police Station, Shevapet, Salem.

Respondent(s) PRAYER Criminal Original Petition filed under Section 528 of BNSS Act to direct the 2nd and 3rd respondents police to not to harass the petitioner and her family members.

For Petitioner(s):

M/s.R.Muruga Bharathi For Respondents:

Mr.K.M.D.Muhilan Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed to issue directions to the second and third respondents not to harass the petitioner and her family members under the guise of enquiry.

2. The case of the petitioner is that originally the property belongs to the petitioner and she never entered into sale agreement or any deals with any one in the meanwhile, some fabricated documents, viz., sale agreement have been executed unlawfully by the defacto complainant. Now a false complaint has been lodged by the defacto complainant against the petitioner and the police is forcing the petitioner to execute the sale deed in favour of the defacto complainant and harassing the petitioner and threatening her. Hence, this petition.

3. The learned Additional Public Prosecutor appearing for the respondents, on instructions submitted that CSR is pending against the petitioner and the petitioner was called for enquiry and the respondents have not harassed the petitioner.

2/4

4. In such view of the matter, 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 respondents shall register the First Information Report and proceed as per law.

5. With the above direction, this Criminal Original Petition is disposed of.

13-10-2025 Index:Yes/No;Speaking/Non-speaking order ssd To 1.The Commissioner of Police, O/o. The Commissioner of Police, Salem City, Salem.

2.The Assistant Commissioner of Police O/o. The Commissioner of Police, Salem City, Salem.

3.The Inspector of Police, Shevapet Police Station, Shevapet, Salem.

4. The Public Prosecutor, High Court, Madras 3/4

N.SATHISH KUMAR J.

ssd CRL OP No. 27779 of 13-10-2025 4/4