Suresh v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26.02.2026

CORAM:

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

1.The Commissioner of Police, Avadi Commissionerate, Avadi.

2.The Inspector of Police, (Crime) Tank Factory Police Station, Avadi.

... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the 2nd respondent not to harass the petitioner in any manner except by due process of law pursuant to the petitioner's representation dated 12.12.2026. For Petitioners : Ms. L. Srileka For Respondents : Mr. S. Santhosh Government Advocate (Criminal Side) 1/4

O R D E R

The present Criminal Original Petition has been filed seeking a direction to the 2nd 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 Ananthi, the respondent Police are unnecessarily harassing him.

3. Learned Government Advocate (Criminal Side) submitted that based on a complaint given by one Ananthi, an enquiry was conducted by the respondent police. During the enquiry, the petitioner had given an assurance to settle the amount. However, thereafter, the petitioner backed out and summons wase issued. He further submitted 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 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.

5.

Accordingly, this Criminal Original Petition stands disposed of.

26.02.2026 AT To 1.The Commissioner of Police, Avadi Commissionerate, Avadi.

2.The Inspector of Police, (Crime) Tank Factory Police Station, Avadi.

3.The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA, J.

AT 26.02.2026 4/4