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2025 DAILYLAW 188885 (MAD)

R.KARTHIK v. The Commissioner of Police

CRL OP/31955/2025 · 2025-11-24

M Nirmal Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.OP.No.31955 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.11.2025 CORAM: THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.OP.No.31955 of 2025 R.Karthik ...Petitioner Vs. 1. The Commissioner of Police, O/o. The Commissioner of Police, Avadi, Chennai – 600 054. 2. The Inspector of Police, O/o. K-10 All Women Police Station, Kaliamman Koil Street, Koyambedu, Chennai – 600 107. 3. R.Swetha ...Respondents Criminal Original Petition filed under Section 528 of BNSS, 2023, to direct the respondent not to harass the petitioner and his family members under the guise of investigation in the odd hours. For Petitioner : Mr.R.Arunkumar For Respondents : Mr.K.M.D.Muhilan, APP, for R1 & R2 1/4 https://www.mhc.tn.gov.in/judis Crl.OP.No.31955 of 2025 ORDER This criminal original petition has been filed seeking to direct the respondents not to harass the petitioner and his family members under the guise of enquiry. 2. The case of the petitioner is that under the pretext of conducting an enquiry in connection with the false complaint given by the 3rd respondent/de-facto complainant against the petitioner, the respondents are unnecessarily harassing the petitioner and his family members. Aggrieved by the same, the petitioner sent a detailed representation to the 1st respondent on 12.11.2025, which evoked no response. Hence, this petition 3. Learned Additional Public Prosecutor appearing for the 1st and 2nd respondents, on instructions, submitted that based on the complaint given by the 3rd respondent, who is none other than the wife of the petitioner, the respondents are conducting enquiry after following the due process of law and that the petitioner was called only for enquiry. 2/4 https://www.mhc.tn.gov.in/judis Crl.OP.No.31955 of 2025 4. 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 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. 5. Accordingly, this criminal original petition stands disposed of. 24.11.2025 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No To: 1. The Commissioner of Police, O/o. The Commissioner of Police, Avadi, Chennai – 600 054. 2. The Inspector of Police, O/o. K-10 All Women Police Station, Kaliamman Koil Street, Koyambedu, Chennai – 600 107. 3. The Public Prosecutor, Madras High Court. 3/4 https://www.mhc.tn.gov.in/judis Crl.OP.No.31955 of 2025 M.NIRMAL KUMAR, J. skt Crl.OP.No.31955 of 2025 24.11.2025 4/4 https://www.mhc.tn.gov.in/judis