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Madras High CourtCRL OP/5524/2026disposed of

Dinesh Kumar v. The Commissioner Of Police,

2026-03-04Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-03-2026

CORAM

THE HON'BLE Mr. JUSTICE M. NIRMAL KUMAR

1. Dinesh Kumar

2. Krithika ..Petitioners Vs

1. The Commissioner of Police, Tiruppur, Tiruppur City.

2. The State Rep. by its, The Inspector of Police North Police Station, Tiruppur City, Tiruppur District.

..Respondent(s) Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the 1st and 2nd respondents not to harass the petitioner in the guise of enquiry.

For Petitioners :

Mr.K.Myilsamy For Respondents :

Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor

ORDER

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

2.

The case of the petitioners is that they have been constantly called in the guise of enquiry and the second petitioner, who is the house wife of the first petitioner, is in no way connected with the business affairs of the first petitioner. Hence, they filed the present Criminal Original Petition. 3.

The learned Additional Public Prosecutor, on instructions, submitted that on the complaint of one Mohan Kumar, the petitioners were called for enquiry. Though the petitioners were summoned to appear on 18.02.2026, they have not appeared. He further submitted that the petitioners had earlier lodged a complaint against the said Mohan Kumar for which C.S.R.No.1326 of 2025 was assigned. He also submitted that the second respondent is conducting an enquiry with the petitioners on the complaint given against them and that the petitioners were called only for enquiry and were not harassed during the enquiry.

4.

Considering the aforesaid submissions made by the learned Additional Public Prosecutor, the second respondent police is also directed to issue appropriate notice to the petitioners under Section 35(3) of BNSS for enquiry and on receipt of such notice, the petitioners shall appear for enquiry and co-operate in the investigation. The second respondent police is also directed to conduct enquiry with regard to the petitioners' complaint in

C.S.R.No.1326 of 2025 and complete the same within a period of four weeks from the date of receipt of a copy of this order. It is made clear that the petitioners shall 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. 04-03-2026 Index: Yes/No SRM To

1. The Commissioner of Police, Tiruppur, Tiruppur City.

2. The State Rep.by its, The Inspector of Police North Police Station, Tiruppur City.

Tiruppur District.

3. The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR, J.

SRM 04-03-2026