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Madras High CourtCRL OP/6952/2026dismissed

Subbiah v. State Rep. By

2026-03-17Honourable Mr Justice M. Nirmal Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-03-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR

1. Subbiah

2. Sathishkumar ..Petitioner(s) Vs

1. State Rep. By The Commissioner of Police, Avadi, Chennai-54.

2. State Rep. by The Inspector of Police, Korattur Police Station, Chennai - 80.

..Respondent(s) Criminal Original Petition is filed under Section 528 of B.N.S.S., to direct the respondent Police not to harass the petitioners as per their complaint dated 19.02.2026.

For Petitioner(s):

Mr.M.J.Nissar Ahmed For Respondent(s):

Mr.Leonard Arul Joseph Selvam, Additional Public Prosecutor

ORDER

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

2.

The learned counsel for the petitioner submitted that the petitiners are no way connected with the alleged money transaction except being cited as witnesses. It is contended that the dispute, if any, is purely civil in nature between the complainant and the said Tamilselvan and the petitioners have been unnecessarily dragged into the enquiry.

3.

Heard the learned Additional Public Prosecutor appearing for the respondents and perused the materials available on record. 4.

It is seen from the records that the petitioners were cited as witnesses in connection with a transaction wherein one Tamilselvan had allegedly received money from the complainant, Vijay and failed to repay the same. Thereafter, in connection with C.S.R.No.201 of 2026, the petitioners were called for enquiry to ascertain the factual aspects of the case. 5.

This Court is of the considered view that calling the petitioners for enquiry, in the course of preliminary investigation, cannot be termed as harassment. The petitioners being witnesses to the alleged transaction, are bound to cooperate with the enquiry.

6.

In such circumstances, no case is made out for invoking the inherent jurisdiction of this Court under Section 482 Cr.P.C 7.

Accordingly, this Criminal Original Petition stands dismissed. 17-03-2026 Index: Yes/No Speaking/Non-speaking order VKR To 1.The Commissioner of Police, Avadi, Chennai-54.

2.The Inspector of Police, Korattur Police Station, Chennai - 80.

3.The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR, J.

VKR 17-03-2026