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Madras High CourtCRL OP/29561/2025disposed of

P.Adhimoolam v. The Assistant Commissioner Of Police(A.C.P),

2025-10-30Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.10.2025

CORAM:

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA P.Adhimoolam ... Petitioner Vs.

1.The Assistant Commissioner of Police (A.C.P.) Thuraipakkam Range, Thuraipakkam Chennai - 600 097

2. The Inspector of Police J-9, Thuraipakkam Police Station Chennai - 600 097

3. Real.M.Rajini Rep. By its Viduthalai Munnani Puratchiyalar, Ambedkar, Auto Driver Association Perungudi Railway Station, Thiruvalluvar Nagar Perungudi, Chennai - 600 096 ... Respondents PRAYER: Criminal Original Petitions filed under Section 528 of B.N.S.S. to issue direction, directing the 1st and 2nd respondents not to harass the petitioner based on his representation dated 16.10.2025. For Petitioner : Mr.T.V.G.Kartheeban For R1 and R2 : Mr.R.Vinothraja Government Advocate (Crl. Side) 1/4

O R D E R

This Criminal Original Petition has been filed to direct the 1st and 2nd respondents not to harass the petitioner based on his representation dated 16.10.2025.

2.

The case of the petitioner is that under the pretext of conducting an enquiry based on the complaint lodged by the 3rd respondent, the 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/3rd respondent, the respondent Police are conducting an enquiry in C.S.R.No.595 of 2025 and that the petitioner was called only for enquiry. 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 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.

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5.

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

30.10.2025 ksa-2 Index:Yes/No Speaking/Non-speaking order To 1.The Assistant Commissioner of Police (A.C.P.) Thuraipakkam Range, Thuraipakkam Chennai - 600 097

2. The Inspector of Police J-9, Thuraipakkam Police Station Chennai - 600 097

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

A.D.JAGADISH CHANDIRA J.

ksa-2 30.10.2025 4/4