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Madras High CourtCRL OP/1226/2026disposed of

Saminathan v. State Rep. By The

2026-01-22Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22-01-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA Saminathan ..Petitioner Vs

1. State represented by the Assistant Commissioner of Police, Kongu Nagar Range, Tiruppur District.

2. State represented by the The Inspector of Police, Kongu Nagar North Police Station, Tirupur District.

..Respondents Prayer: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita to pass an order, directing the respondent Police not to harass the petitioner under the guise of enquiry. For Petitioner :

Mr.S.Parameswaran For Respondents :

Mr.S.Santhosh Government Advocate (Criminal Side)

ORDER

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 in connection with the existing civil dispute with one Kiruthiga, the second respondent Police are unnecessarily harassing him. 3.

Learned Government Advocate (Criminal Side), on instructions, submitted that based on the complaint given against the petitioner, the second respondent Police are conducting an enquiry and that the petitioner was called only for enquiry and was not harassed during the enquiry. 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 enquiry and on receipt of such notice, the petitioner shall appear for enquiry and cooperate 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 second respondent Police shall register a First Information Report and proceed in accordance with law.

5.

Accordingly, this Criminal Original Petition stands disposed of. 22-01-2026 MRN To

1. The Assistant Commissioner of Police, Kongu Nagar Range, Tiruppur District.

2. The Inspector of Police, Kongu Nagar North Police Station, Tirupur District.

3. The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA, J.

MRN 22-01-2026