H.Abbas v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-02-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA H.Abbas ..Petitioner(s) Vs

1. The Commissioner of Police Commissioner office, Tiruppur District.

2. The Inspector of Police Police Station, Tiruppur District.

..Respondent(s) Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the second respondent not to harass the petitioner under the guise of enquiry for a civil dispute over a property. For Petitioner(s):

Mr. I. Periaswamy For Respondent(s):

Mr.S.Santhosh Government Advocate (Criminal Side)

ORDER

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

2.

The case of the petitioner is that under the pretext of conducting an enquiry in connection with the existing civil dispute, the respondents Police are unnecessarily harassing him.

3.

Learned Government Advocate (Criminal Side), on instructions, submitted that based on the complaint given against the petitioner, the respondents Police are conducting an enquiry in C.S.R.No.35 2026 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 respondents Police shall register a First Information Report and proceed in accordance with law.

5.

Accordingly, this Criminal Original Petition stands disposed of. 20-02-2026 vkr

To 1.The Commissioner of Police Commissioner office, Tiruppur District.

2.The Inspector of Police Tiruppur Police Station, Tiruppur District.

3.The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA, J.

vkr 20-02-2026