Madras High CourtCRL OP/33076/2025disposed of

Gopinath v. The Deputy Superintendent Of Police,

2025-12-03Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-12-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

1. GOPINATH S/o.Kuppusamy, No.489/372 A, Palladam Main Road, Tennampalayam, UCO Bank (Opp), Tiruppur-641 604.

Petitioner(s) Vs

1. The Deputy Superintendent of Police, Mamallapruam Sub Division, Chengalpattu District.

2.The State Rep by, The Inspector of Police, Thirukalukundaram Police Station, Chengalpattu Districft.

Respondent(s) PRAYER: The criminal original petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita 2023, to direct the 1 st and 2 nd respondents not to harass the petitioner.

For Petitioner(s):

Mr.K.Myilsamy For Respondent(s):

Mr.S.Santhosh Govt. Advocate (Crl.Side)

ORDER

The Criminal Original Petition has been filed to direct the 1 st and 2 nd respondents not to harass the petitioner.

2. It is the contention of the learned counsel for the petitioner that under the pretext of enquiry, the police is unnecessarily harassing the petitioner. 3.The learned Government Advocate [Crl.Side] on instructions submitted that based on the complaint given by Anbarasan, an enquiry in C.No.298 of 2025 is pending.

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 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 respondent

police shall register a First Information Report and proceed as per law.

5. With the above direction, this Criminal Original Petition is disposed of.

03-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes sms

To 1.The Deputy Superintendent of Police, Mamallapruam Sub Division, Chengalpattu Districft.

2.The State Rep by, The Inspector of Police, Thirukalukundaram Police Station, Chengalpattu District.

3.The Public Prosecutor High Court, Madras.

A.D.JAGADISH CHANDIRA J.

sms

03-12-2025