Rajesh v. The State Of Tamil Nadu Rep By The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.11.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No. 31177 of 2025 Rajesh ... Petitioner Vs.

1.The State of Tamil Nadu rep by The Commissioner of Police, Tiruppur City, Tiruppur District.

2.The Inspector of Police, Tiruppur North PS, Tiruppur City Police, Tiruppur District.

(CSR.No.1410/2025) 3.Nagarajan ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the 2nd respondent and his subordinates not to harass the petitioner under the guise of an enquiry in connection with CSR.No.1410 of 2025. 1/5

For Petitioner :

Mr. R.T.Vishnu For R1 & R2 :

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 and his subordinates 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 in respect of the complaint given by the de facto complainant, the 2nd respondent police are unnecessarily harassing the petitioner.

3.

The learned Government Advocate (Criminal Side), would submit that the petitioner was working in the 3rd respondent company and the 3rd respondent has given a complaint alleging that the petitioner has misappropriated certain amounts while in employment. Based on the complaint, preliminary enquiry is being conducted in 2/5

CSR.No.1410 of 2025 and that the petitioner has been summoned only for enquiry and other than that, the petitioner was not harassed. 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 2nd 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.

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To 1.The Commissioner of Police, Tiruppur City, Tiruppur District.

2.The Inspector of Police, Tiruppur North PS, Tiruppur City Police, Tiruppur District.

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

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A.D.JAGADISH CHANDIRA , J.

kan Crl.O.P.No. 31177 of 2025 14.11.2025 5/5