K.S.Balasundar vs The Commissioner Of Police
2026 Latest Caselaw 1085 Mad

Madras High Court

K.S.Balasundar vs The Commissioner Of Police on 10 March, 2026

Author: M.Nirmal Kumar

Bench: M. Nirmal Kumar

                                                                                             CRL OP No. 5204 of 2026


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                      DATED: 10-03-2026
                                                               CORAM
                                  THE HON'BLE MR JUSTICE M. NIRMAL KUMAR
                                                   CRL OP No. 5204 of 2026
                K.S.Balasundar
                                                                                                  ..Petitioner(s)
                                                                    Vs
                1.The Commissioner of Police,
                  O/o. Commissioner of Police,
                  No.132, EVK Sampath Road,
                  Vepery, Chennai 600 007.

                2.The Inspector of Police,
                  W30, All Women Police Station,
                  Neelankrai, Thiruvanmiyur,
                  Chennai 600 041.

                3.V.Rajasekar
                                                                                                ..Respondent(s)

                PRAYER: The Criminal Original Petition filed under Section 528 of BNSS,
                2023, praying to issue a direction to the second respondent Police from
                harassing the petitioner and his family members in the guise of enquiry in
                connection with C.S.R.No.117 of 2024 on the file of the first respondent,
                particularly when the matrimonial dispute is already pending before the IV
                Additional Family Court, Chennai.


                              For Petitioner(s):               Mr.S.Venkatesan for
                                                               Mr.D.B.Kalai Chelve

                              For Respondent(s):               Mr.Leonard Arul Joseph Selvam,
                                                               Addl. Public Prosecutor for R1 & R2




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                                                                                          CRL OP No. 5204 of 2026



                                                            ORDER

This Criminal Original Petition has been filed seeking a direction to the

second respondent not to harass the petitioner under the guise of enquiry in

connection with C.S.R.No.117 of 2024.

2. The case of the petitioner is that the de facto complainant, who is

the second respondent herein, had lodged a complaint stating that his daughter

was given in marriage to the petitioner’s son. Subsequently, alleging harassment

and demand of dowry, she was driven out of the matrimonial home and

therefore, a complaint was lodged before the first respondent police, based on

which, C.S.R.No.117 of 2024 was registered. The petitioner’s son is working

abroad and has recently returned to India. Thereafter, the petitioner and his son

were called for enquiry by the respondent police. According to the petitioner,

the said enquiry has now turned into harassment.

3. The learned Additional Public Prosecutor appearing for the

respondents 1 and 2 submitted that if the petitioner along with his son appears

before the second respondent, the second respondent will conduct an enquiry in

accordance with law and take further action, if necessary.

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4. At this juncture, the learned counsel for the petitioner, on

instructions, submitted that the petitioner is now ready to appear before the

second respondent for enquiry.

5. Considering the submissions made and on perusal of the materials

it is seen that there is a matrimonial dispute between the petitioner’s son and the

de facto complainant’s daughter, due to which, the petitioner was called for

enquiry. The second respondent is at liberty to issue notice to the petitioner and

his son, conduct enquiry and proceed in accordance with law.

6. 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 and his son shall appear for enquiry

on 17.03.2026, without fail. If the petitioner and his son fails to appear, the

second respondent shall take appropriate action. It is made clear that the second

respondent shall conduct an enquiry and the petitioner and his son shall not be

harassed during the course of enquiry. If any cognizable offence is made out,

the second respondent Police shall register a First Information Report and

proceed in accordance with law.

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7. Accordingly, this Criminal Original Petition stands disposed of.

10-03-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No

VKR

To

1.The Commissioner of Police, O/o. Commissioner of Police, No.132, EVK Sampath Road, Vepery, Chennai 600 007.

2.The Inspector of Police, W30, All Women Police Station, Neelankrai, Thiruvanmiyur, Chennai 600 041.

3.The Public Prosecutor, High Court of Madras.

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M.NIRMAL KUMAR, J.

VKR

10-03-2026

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