M.Vijayakumar v. The State Of Tamil Nadu Rep By The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA M.Vijayakumar ... Petitioner Vs.

1.The State of Tamil Nadu Rep. the Commissioner of Police Central Crime Branch, Avadi Police Commissionerate Office, Gate 2 Armed Reserve Complex, Poonamallee, Thiruvallur, Tamil Nadu - 600 123 2.The State of Tamil Nadu Rep by the Inspector of Police, Central Crime Branch, Avadi Police Commissionerate Office, Gate 2 Armed Reserve Complex, Poonamallee, Thiruvallur, Tamil Nadu - 600 123 ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the 2nd respondent Police not to harass the petitioner and his family members with respect to the complaints filed by Mr.Devadass and his sister Mrs.Gomathi. 1/5

For Petitioner : Mr. Thomas T Jacob For Respondent : Mr. R.Vinothraja Government Advocate (Criminal Side)

O R D E R

This criminal original petition has been filed seeking a direction to the 2nd respondent not to harass the petitioner under the guise of enquiry. 2.

The case of the petitioner is that under the pretext of conducting an enquiry based on a complaint given by one Devadass and Gomathi, the 2nd respondent Police are unnecessarily harassing the petitioner.

3.

Learned Government Advocate (Criminal Side), on instructions, submitted that based on the complaint given by the de facto complainant, the respondent Police are conducting an enquiry in C.No.48 of 2025 and that the petitioner was called only for enquiry. 4.

Such being the position, it is for the Investigating Agency to 2/5

issue appropriate notice to the petitioner under Section 35 (3) of BNSS for enquiry and on receipt of such notice, the petitioner shall appear for enquiry and co-operate in the investigation. It is made clear that the petitioner shall not be harassed during the course of enquiry. If any cognizable offence is made out, the respondent Police shall register a First Information Report and proceed in accordance with law.

5.

Accordingly, this Criminal Original Petition stands disposed of with the aforesaid direction.

29.10.2025 kan To 3/5

1.The Commissioner of Police Central Crime Branch, Avadi Police Commissionerate Office, Gate 2 Armed Reserve Complex, Poonamallee, Thiruvallur, Tamil Nadu - 600 123 2.The Inspector of Police, Central Crime Branch, Avadi Police Commissionerate Office, Gate 2 Armed Reserve Complex, Poonamallee, Thiruvallur, Tamil Nadu - 600 123 4/5

A.D.JAGADISH CHANDIRA , J.

kan Crl.O.P.No. 29321 of 2025 29.10.2025 5/5