R.Karthik v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.11.2025

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR R.Karthik

...Petitioner

Vs.

1.

The Commissioner of Police, O/o. The Commissioner of Police, Avadi, Chennai - 600 054.

2.

The Inspector of Police, O/o. K-10 All Women Police Station, Kaliamman Koil Street, Koyambedu, Chennai - 600 107.

3.

R.Swetha

...Respondents

Criminal Original Petition filed under Section 528 of BNSS, 2023, to direct the respondent not to harass the petitioner and his family members under the guise of investigation in the odd hours. For Petitioner : Mr.R.Arunkumar For Respondents : Mr.K.M.D.Muhilan, APP, for R1 & R2 1/4

ORDER

This criminal original petition has been filed seeking to direct the respondents not to harass the petitioner and his family members under the guise of enquiry.

2. The case of the petitioner is that under the pretext of conducting an enquiry in connection with the false complaint given by the 3rd respondent/de-facto complainant against the petitioner, the respondents are unnecessarily harassing the petitioner and his family members. Aggrieved by the same, the petitioner sent a detailed representation to the 1st respondent on 12.11.2025, which evoked no response. Hence, this petition

3. Learned Additional Public Prosecutor appearing for the 1st and 2nd respondents, on instructions, submitted that based on the complaint given by the 3rd respondent, who is none other than the wife of the petitioner, the respondents are conducting enquiry after following the due process of law and that the petitioner was called only for enquiry. 2/4

4. In such circumstances, 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 cooperate 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. 24.11.2025 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:

1.

The Commissioner of Police, O/o. The Commissioner of Police, Avadi, Chennai - 600 054.

2.

The Inspector of Police, O/o. K-10 All Women Police Station, Kaliamman Koil Street, Koyambedu, Chennai - 600 107.

3.

The Public Prosecutor, Madras High Court.

3/4

M.NIRMAL KUMAR, J.

skt 24.11.2025 4/4