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2025 DAILYLAW 190909 (MAD)

S.Ramanathan v. The Assistant Commissioner of Police

CRL OP/33199/2025 · 2025-12-04

A D Jagadish Chandira

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.33199 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.12.2025 CORAM: THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.33199 of 2025 S.Ramanathan ... Petitioner Vs. 1. The Assistant Commissioner of Police, Central Crime Branch, EDF – I Wing, Vepery, Chennai – 600 007. 2. The Inspector of Police, Central Crime Branch, EDF – I, Beta – I, Vepery, Chennai – 600 007. ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the second respondent not to harass the petitioner in the guise of enquiry. For Petitioner : Ms.V.Karthigaipriya For Respondents : Mr.S.Santhosh Government Advocate (Criminal Side) 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.33199 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, the respondent Police are unnecessarily harassing him. 3. Learned Government Advocate (Criminal Side), on instructions, submitted that based on the complaint given by the de facto complainant, the second respondent Police have registered a case in Crime No.191 of 2024 for the offences under Sections 406, 420, 467, 468 and 471 r/w Section 120(B) of IPC and that the petitioner was called only for enquiry. He further submitted that though the petitioner is not an accused in this case, the presence of the petitioner is required for the purpose of investigation. 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 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.33199 of 2025 enquiry and on receipt of such notice, the petitioner shall appear and co- operate in the investigation. It is made clear that the petitioner shall not be harassed during the course of investigation. 5. Accordingly, this Criminal Original Petition stands disposed of. 04.12.2025 Neutral Citation: Yes/No ham To 1. The Assistant Commissioner of Police, Central Crime Branch, EDF – I Wing, Vepery, Chennai – 600 007. 2. The Inspector of Police, Central Crime Branch, EDF – I, Beta – I, Vepery, Chennai – 600 007. 3. The Public Prosecutor, High Court of Madras. 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.33199 of 2025 A.D.JAGADISH CHANDIRA , J. ham Crl.O.P.No.33199 of 2025 04.12.2025 4/4 https://www.mhc.tn.gov.in/judis