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2025 DAILYLAW 223591 (MAD)

K.SIVAKUMAR v. The State rep by the superintendent of police

CRL OP/33123/2025 · 2025-12-04

A D Jagadish Chandira

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.No.33123 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.33123 of 2025 1. K.Sivakumar 2. S.Jayasurya ... Petitioners Vs. 1. The Superintendent of Police, Ranipet District, Ranipet – 632 401. 2. The Inspector of Police, District Crime Branch – II, Ranipet District – 632 401. ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the second respondent not to harass the petitioners without due process of law. For Petitioners : Mr.K.Kathiresan For Respondents : Mr.S.Santhosh Government Advocate (Criminal Side) 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.33123 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 petitioners under the guise of enquiry. 2. The case of the petitioners is that under the pretext of conducting an enquiry in connection with the civil dispute, the respondent Police are unnecessarily harassing them. 3. Learned Government Advocate (Criminal Side), on instructions, submitted that based on the complaint given by the de facto complainant, the respondent Police are conducting an enquiry in C.No.2922/SPG/SB/2025 and that the petitioners were called only for enquiry and were not harassed during the enquiry. 4. Such being the position, it is for the Investigating Agency to issue appropriate notice to the petitioners under Section 35(3) of BNSS for enquiry and on receipt of such notice, the petitioners shall appear for enquiry and co-operate in the investigation. It is made clear that the petitioners shall not be harassed during the course of enquiry. If any 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.33123 of 2025 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. 04.12.2025 Neutral Citation: Yes/No ham To 1. The Superintendent of Police, Ranipet District, Ranipet – 632 401. 2. The Inspector of Police, District Crime Branch – II, Ranipet District – 632 401. 3. The Public Prosecutor, High Court of Madras. 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.No.33123 of 2025 A.D.JAGADISH CHANDIRA , J. ham Crl.O.P.No.33123 of 2025 04.12.2025 4/4 https://www.mhc.tn.gov.in/judis