Sathesh v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-12-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

1. Sathesh S/O Mr Thiruvengadam, Partner of M/S Thayilpattiyin Krishna Pannaipal, Having office at 1st and 2nd floor, Old No 69, New No 61, Vanagaram Service Road, West Bus Stands, Chennai - 600037 Petitioner(s) Vs

1. The Commissioner of Police, Avadi Commissionerate, Avadi.

2.The Assistant Commissioner of Police SRMC Range, Ambattur, Tiruvallur District.

3.The Inspector of Police, Ambattur Industrial Estate, Ambattur, Chennai Respondent(s) PRAYER:The criminal original petition filed under Section 528 of BNSS, 2023 to direct the respondents to not to harass the petitioner without following the due process of law.

For Petitioner(s):

Mr.S.Mugesh For Respondent(s):

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

ORDER

The Criminal Original Petition has been filed to direct the respondents not to harass the petitioner.

2.When the matter was taken up for hearing today, the learned Govt. Advocate (Crl.Side) appearing for the respondents submitted that based on the complaint given by one Sasikumar, a case in crime No.728 of 2025 has been registered for offences under Sections 316(2) and 318(4) of BNSS and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002. He further submitted that the respondents are not harassing the petitioner except for calling for enquiry.

3.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 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.

4.Accordingly, this Criminal Original Petition stands disposed of with the aforesaid direction.

03-12-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes sms To 1.The Commissioner of Police, Avadi Commissionerate, Avadi.

2.The Assistant Commissioner of Police SRMC Range, Ambattur, Tiruvallur District.

3.The Inspector of Police, Ambattur Industrial Estate, Ambattur, Chennai 4.The Public Prosecutor High Court, Madras.

A.D.JAGADISH CHANDIRA J.

sms 03-12-2025