Venkatesh v. The Assistant Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2025

CORAM:

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

1.

The Assistant Commissioner of Police, Annathanapatti, Salem City, Salem.

The Inspector of Police, Shevapet Police Station, Salem City, Salem.

... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the respondents herein not to harass the petitioner except due process of law. For Petitioner : Mr.C. Deepak Kumar For Respondents : 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 respondent police not to harass the petitioner under the guise of enquiry.

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When the matter was taken up for hearing, the learned Government Advocate (Criminal Side), on instructions, submitted that based on the complaint given by one Ganesh Chitharam Pawar against the petitioner, the respondent Police are conducting an enquiry in C.No.508/CAMP/PG/DCP/2025 and that the petitioner was called only for enquiry and was not harassed during the 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 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 in accordance with law.

4.

Accordingly, this Criminal Original Petition stands disposed of.

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To 1.

The Assistant Commissioner of Police, Annathanapatti, Salem City, Salem.

The Inspector of Police, Shevapet Police Station, Salem City, Salem.

3.

The Public Prosecutor, High Court of Madras. 3/4

A.D.JAGADISH CHANDIRA , J.

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