R.Chandra v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.12.2025

CORAM:

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

1.

The Commissioner of Police, Salem City, Salem District.

Ammapet Police Station, Salem City, Salem District.

Rani ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the second respondent Police not to harass the petitioner in connection with false complaint submitted by the accused persons Usha, Meena and her mother Rani dated 03.11.2025, on the file of the second respondent, without due process of law. For Petitioner : Mr.K.Kalaikovan For R1 & R2 : Mr.S.Santhosh Government Advocate (Criminal Side)

O R D E R

The present Criminal Original Petition has been filed seeking a direction to the second respondent police not to harass the petitioner under 1/5

the guise of enquiry.

Learned counsel appearing for the petitioner submitted that based on the complaint given by the petitioner against the third respondent and others, a case was registered in C.S.R.No.407 of 2025 on the file of the Pallapatty Police Station and thereafter, no progress has been made in enquiry. However, the petitioner is now being unnecessarily harassed by the second respondent Police under the pretext of conducting an enquiry in connection with the complaint given by the second respondent. Learned Government Advocate (Criminal Side), on instructions, submitted that based on the complaint given by the third respondent, the respondent Police are conducting an enquiry in C.S.R.No.428 of 2025 and that the petitioner was called only for enquiry and was not harassed during the enquiry. He further submitted that the complaint given by the petitioner will also be enquired into by the Police concerned.

4.

Such being the position, it is for the Investigating Agency to 2/5

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. 5.

Further, the complaint given by the petitioner before the Pallapatty Police Station, in C.S.R.No.407 of 2025 shall also be enquired into.

6.

Accordingly, this Criminal Original Petition stands disposed of.

04.12.2025 ham To 1.

The Commissioner of Police, Salem City, Salem District.

Ammapet Police Station, Salem City, Salem District.

The Public Prosecutor, High Court of Madras.

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Copy to:

Pallapatty Police Station, Salem.

A.D.JAGADISH CHANDIRA , J.

ham 4/5

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