Research › Search › Judgment

Madras High Court · body

2025 DAILYLAW 177550 (MAD)

MAHALINGAM v. STATE OF TAMIL NADU, THE DISTRICT SUPERINTENDENT OF POLICE

CRL OP/32001/2025 · 2025-11-25

A D Jagadish Chandira

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.32001 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25.11.2025 CORAM: THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.32001 of 2025 Mahalingam ... Petitioner Vs. The State of Tamil Nadu represented by, 1. The District Superintendent of Police, Chengalpattu District, Chengalpattu. 2. The Inspector of Police, Maraimalai Nagar Police Station, Chengalpattu District. ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the second respondent herein not to harass the petitioner in any manner except by due process of law pursuant to the representation dated 14.11.2025. For Petitioner : Mr.T.Muruganantham For Respondents : Mr.R.Vinothraja Government Advocate (Criminal Side) 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.32001 of 2025 O R D E R The present Criminal Original Petition has been filed seeking a direction to the second respondent police not to harass the petitioner under the guise of enquiry. 2. The case of the petitioner is that under the pretext of conducting an enquiry in connection with the missing of gold chain of one Rajan, the respondent Police are unnecessarily harassing the petitioner. 3. Learned Government Advocate (Criminal Side), on instructions, submitted that based on the complaint given by Rajan, the respondent Police are conducting an enquiry in C.S.R.No.1397 of 2025 and that the petitioner was called only for enquiry. He further submitted that the petitioner was not harassed by the respondents. 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 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 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.32001 of 2025 made out, the respondent Police shall register a First Information Report and proceed in accordance with law. 5. Accordingly, this Criminal Original Petition stands disposed of. 25.11.2025 Neutral Citation: Yes/No ham To 1. The District Superintendent of Police, Chengalpattu District, Chengalpattu. 2. The Inspector of Police, Maraimalai Nagar Police Station, Chengalpattu District. 3. The Public Prosecutor, High Court of Madras. 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.32001 of 2025 A.D.JAGADISH CHANDIRA , J. ham Crl.O.P.No.32001 of 2025 25.11.2025 4/4 https://www.mhc.tn.gov.in/judis