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Madras High CourtCRL OP/33428/2025disposed of

H.Samsudeen v. The Commissioner Of Police,

2025-12-05Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.12.2025

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA H.Samsudeen

...Petitioner

Vs.

1.

The Commissioner of Police, Tambaram Police Commissionerate, Chennai.

2.

The Assistant Commissioner of Police, No.8/20, Pallavaram, SH 113A, GST Road, Pallavaram, Chennai - 43.

...Respondents

Criminal Original Petition filed under Section 528 of BNSS, 2023 to direct the respondents not to harass the petitioner herein in Crime No. Not known of 2025 on the file of the 2nd respondent. For Petitioner : Mr.M.Jaisingh For Respondents : Mr.S.Santhosh, GA(Crl. Side) 1/4

ORDER

This criminal original petition has been filed seeking to direct the respondents not to harass the petitioner herein in connection with Crime No. Not known of 2025 on the file of the 2nd respondent, 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, on instructions, submitted that based on the complaint given by one Alagiri as against the petitioner, enquiry is being conducted by the respondents in Current Paper No.355 of 2025 and the respondents are not unnecessarily harassing the petitioner and he was called only for enquiry.

3. 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, 2/4

the respondents shall register a First Information Report and proceed in accordance with law.

4. Accordingly, this criminal original petition stands disposed of. 05.12.2025 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:

1.

The Commissioner of Police, Tambaram Police Commissionerate, Chennai.

2.

The Assistant Commissioner of Police, No.8/20, Pallavaram, SH 113A, GST Road, Pallavaram, Chennai - 43.

3.

The Public Prosecutor, Madras High Court.

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A.D.JAGADISH CHANDIRA, J.

skt 05.12.2025 4/4