S.Sugumar v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.11.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA S.Sugumar ... Petitioner Vs.

1.The Superintendent of Police 2.State rep by The Inspector of Police District Crime Branch ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the respondent police not to harass the petitioner on the complaint of Mr.Khabeer Ahmed. For Petitioner : Mr. A.Suresh Sakthi Murugan For Respondents: Mr. R.Vinothraja Government Advocate (Criminal Side) 1/6

O R D E R

This criminal original petition has been filed, to direct the respondent police not to harass the petitioner on the complaint of Mr.Khabeer Ahmed.

2. The learned counsel for the petitioner would submit that one Khabeer Ahmed had earlier given a complaint against the petitioner, in respect of which a case in Cr.No.136 of 2025 was registered by the Pallikonda Police, Vellore; the petitioner had filed Crl.O.P.No.22696 of 2025, before this Court and this Court by order dated 22.09.2025, finding that the dispute is civil in nature had quashed the proceeding.

3. He would further submit that, once again the said Khabeer Ahmed had given a fresh complaint, based on which the respondent police are conducting enquiry; despite the petitioner informing them about quashment of the earlier complaint, the respondents are unnecessarily harassing the petitioner. Therefore, the present criminal original petition has been filed.

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4. Per contra, Mr. R.Vinothraja, learned Government Advocate (Criminal Side), appearing for the respondent police would submit that the earlier complaint was in respect of Sections 329 (4), 296 (b), 115 (2) and 351 (2) of BNS; as far as the present complaint is concerned, the said Khabeer Ahmed has stated that on the basis of fabricated documents, the petitioner had grabbed the property. However, he would submit that the enquiry will be completed within 2 weeks.

5. Recording the same, this criminal original petition is disposed of. It is made clear that the Investigating Agency shall issue 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. 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. The enquiry shall be concluded within a period of 2 weeks from the date of receipt of a copy of this order. 3/6

04.11.2025 kan To 1.The Superintendent of Police 2.The Inspector of Police District Crime Branch 4/6

3.The Public Prosecutor, Madras High Court, Chennai.

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A.D.JAGADISH CHANDIRA , J.

kan Crl.O.P.No. 29892 of 2025 04.11.2025 6/6