Syed Habibulla v. The Commissioner of Police

ORDER This Criminal Original Petition is filed to direct the second respondent to comply with the order dated 28.01.2025 passed in Crl.M.P. No.24306 of 2024 by the learned XVIII Metropolitan Magistrate, Saidapet.

¶2The learned counsel appearing for the petitioner submitted that the petitioner had given a complaint to the Commissioner of Police on 27.05.2024 against one Harhirsing Suri and others on the allegation of cheating and threatening him. Since the Commissioner of Police had not taken any action, the petitioner had approached the learned XVIII Metropolitan Magistrate, Saidapet, under Section 175(3) of the BNSS, 2023 in Crl.M.P.No.24306 of 2024 and the learned XVIII Metropolitan Magistrate, by order dated

28.01.2025, had directed the second respondent to follow the procedure under Section 35(3) of the BNSS, 2023 and conduct an enquiry and to register an FIR, if prima facie case is made out. Alleging that the order dated 28.01.2025 passed in Crl.M.P. No.24306 of 2024 by the learned XVIII Metropolitan Magistrate, Saidapet, has not been complied with, the present petition has been filed.

¶3The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that based on the direction of the trial Court, the case is being enquired by the Inspector of Police (Crime), E-3, Teynampet Page3 of 4 Police Station and initially, a notice was issued to the petitioner to produce documents. However, the petitioner has not produced the required documents. Subsequently, the respondent has issued a notice dated 30.01.2026 for production of the records. He further submitted that enquiry will be completed by summoning the counter parties and the report will be filed before the learned XVIII Metropolitan Magistrate, Saidapet, within six weeks from the date of receipt of a copy of this order.

¶4Recording the said submission made by the learned Government Advocate (Criminal Side) appearing for the respondents, this Criminal Original Petition stands disposed of. 02-02-2026 Index: Yes/No Speaking/Non-speaking order SRM Note: Issue order copy on 04.02.2026 Page4 of 4

A.D.JAGADISH CHANDIRA, J. SRM To

¶1The XVIII Metropolitan Magistrate, Saidapet, Chennai.

¶2The Commissioner Of Police, No.327, EVK Sampath Road, Periyamed, Chennai-600007.

¶3The Inspector of Police (Crime), E-3, Teynampet Police Station, Chennai-600018.

¶4The Public Prosecutor, High Court of Madras. 02-02-2026

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 02-02-2026 CORAM THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA Syed Habibulla ..Petitioner Vs 1. The Commissioner of Police, No.327, EVK Sampath Road, Periyamed, Chennai - 600007. 2. The Inspector Of Police E-3, Teynampet Police Station, Chennai-600018. ..Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to issue an order of direction to the second respondent to comply with the order in Crl.M.P.24306 of 2024 dated 28.01.2025 and to pass further orders to respondents in the above said circumstances and thus render justice. For Petitioner : Mr.B.N.Chandra Sekar For Respondents : Mr.S.Santhosh, Government Advocate (Criminal Side) Page2 of 4