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Madras High CourtCRL OP/34063/2025closed

S. Venkatkumar v. The Commissioner Of Police

2025-12-15Honourable Mr Justice A.D.Jagadish Chandira8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2025

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA S.Venkatkumar

...Petitioner

Vs.

Maruthammal

...Respondents

Criminal Original Petition filed under Section 528 of BNSS, 2023 to direct Respondent Nos.1 to 3 herein not to harass the petitioner under the guise of enquiry.

For Petitioner : Mr.S.Nirmal Kumar For Respondents : Mr.S.Santhosh, GA(Crl. Side), for R1 to R3

ORDER

On 15.12.2025, this Criminal Original Petition was closed by recording the submissions of the learned Government Advocate (Crl.Side). One of the submissions made by him during the course of hearing was that the petitioner had given an undertaking in the enquiry conducted that he will repay the amount based on which the enquiry was temporarily closed.

2. However, the above submission of the learned Government Advocate (Crl.Side) is disputed by the learned counsel for the petitioner as, according to him, the matter is purely civil in nature and the petitioner had never undertaken, in the enquiry to repay the amount and he had agreed only to go before the civil Court. Hence, at the instance of the learned counsel for the petitioner, this matter is listed today under the caption 'for being mentioned'.

3. In view of the above submission of the learned counsel for the petitioner, paragraph 3 of the order dated 15.12.2025 stands deleted and the following paragraphs shall be added as paragraphs 3, 4 and 5.

"3. Per contra, the learned counsel appearing for the petitioner would submit that the matter is purely civil in nature and the petitioner has not undertaken to repay the amount and he had agreed only to go before the civil Court.

4. Taking into consideration, the submissions made on either side, a direction is issued to the official respondents to complete the enquiry within a period of four weeks from the date of receipt of a copy of this order.

5. With the above directions, this Criminal Original Petition stands closed.".

4. Registry is directed to issue fresh order copy after carrying out the above said correction in the order dated 15.12.2025 in Crl.O.P.No.34063 of 2025.

shl Index : Yes/No Speaking order : Yes/No NCC : Yes/No

A.D.JAGADISH CHANDIRA, J.

shl To:

The Public Prosecutor, Madras High Court.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.12.2025

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA S.Venkatkumar

...Petitioner

Vs.

Maruthammal

...Respondents

Criminal Original Petition filed under Section 528 of BNSS, 2023 to direct Respondent Nos.1 to 3 herein not to harass the petitioner under the guise of enquiry.

For Petitioner : Mr.S.Nirmal Kumar

For Respondents : Mr.S.Santhosh, GA(Crl. Side), for R1 to R3

ORDER

This criminal original petition has been filed seeking to direct the respondents 1 to 3 not to harass the petitioner under the guise of enquiry, without following the due process of law.

2. When the matter was taken up for hearing, the learned Government Advocate (Criminal Side) appearing for the respondents 1 to 3, on instructions, submitted that based on the complaint given as against the petitioner, enquiry has been conducted by the respondents 1 to 3 in C.No.97/ACTBM/COP.VIS/2025 and during the course of enquiry, as the petitioner gave an undertaking that he will repay the entire amount, the enquiry has been temporarily closed and that the respondent police officials are not unnecessarily harassing the petitioner and that he was called only for enquiry.

3. Recording the above submission made by the learned Government Advocate (Criminal Side), this criminal original petition stands closed. skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:

The Public Prosecutor, Madras High Court.

A.D.JAGADISH CHANDIRA, J.

skt