Boopathi v. State Rep By The Deputy Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2025

CORAM:

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

The State represented by, The Deputy Superintendent of Police, Crime Branch CID, Metro Wing -II, Egmore, Chennai.

... Respondent PRAYER : Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the respondent not to harass the petitioner in the guise of enquiry.

For Petitioner : Mr.B.Govindaprabu For Respondent : Mr.R.Vinothraja Government Advocate (Criminal Side)

O R D E R

The present Criminal Original Petition has been filed seeking a direction to the respondent not to harass the petitioner under the guise of enquiry.

2.

The case of the petitioner is that, under the pretext of 1/4

conducting an enquiry, 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 Joint Registrar, Original Side, High Court of Madras, a case in Crime No.2 of 2024 was registered against one M.R.Kumar and one S.Prakasam for the offences under Sections 465, 468 and 471 IPC, relating to forgery of a signature in the vakalat. He further submitted that the petitioner was summoned only for enquiry and that till date, the petitioner has not been arrayed as an accused in this case, however, his presence is required for the purpose of investigation.

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 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. The respondent Police shall conduct the enquiry in accordance with law.

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5.

Accordingly, this Criminal Original Petition stands disposed of.

05.11.2025 ham To 1.

The Deputy Superintendent of Police, Crime Branch CID, Metro Wing -II, Egmore, Chennai 2.

The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA , J.

ham 05.11.2025 4/4