S.Kumaravel v. The Union Territory Of Puduchrry Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2026

CORAM:

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

The Union Territory of Puducherry, Represented by, The Inspector of Police, Grand Bazaar Police Station, Puducherry.

... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the respondent Police not to harass the petitioner under the guise of enquiry. For Petitioner : Mr.V.S.Senthilkumar For Respondent : Mr.M.V.Ramachandra Murthy Public Prosecutor (Puducherry)

O R D E R

The present Criminal Original Petition has been filed seeking a direction to the respondent police not to harass the petitioner under the guise of enquiry.

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2.

The case of the petitioner is that under the pretext of conducting an enquiry in connection with the existing money dispute with one Mery, the respondent Police are unnecessarily harassing him. 3.

Learned Public Prosecutor (Puducherry), on instructions, submitted that based on the complaint given by one Mery against the petitioner, the respondent Police are conducting an enquiry and that the petitioner was called only for enquiry and was not harassed during the enquiry.

4.

At this juncture, the learned counsel appearing for the petitioner submitted that pursuant to the notice issued by the respondent police on 05.01.2026, the petitioner appeared before the respondent police for enquiry on 06.01.2026. However, the respondent police are still harassing the petitioner. Hence, the present petition has been filed. 5.

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 co-operate in the investigation. It is made clear that the petitioner shall 2/4

not be harassed during the course of enquiry. If any cognizable offence is made out, the respondent Police shall register a First Information Report and proceed in accordance with law.

6.

Accordingly, this Criminal Original Petition stands disposed of. The respondent Police shall ensure that the enquiry shall be completed within a period of two weeks from the date of receipt of a copy of this order.

05.02.2026 ham To 1.

The Inspector of Police, Grand Bazaar Police Station, Puducherry.

2.

The Public Prosecutor (Puducherry), High Court of Madras.

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A.D.JAGADISH CHANDIRA , J.

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