P.Vasudevan v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11-03-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR P.Vasudevan ..Petitioner Vs State Rep. by, The Inspector of Police, T10, Thirumullaivoyal Police Station, Thirumullaivoyal, Chennai.

..Respondent Criminal Original Petition filed under Section 528 of the BNSS, 2023, to direct the respondent police to not to harass the petitioner under guise of enquiry.

For Petitioner :

Mr.S.C.Pratheep Ashok Kumar For Respondent :

Mr.Leonard Arul Joseph Selvam, Additional Public Prosecutor

ORDER

The present Criminal Original Petition is filed seeking a direction to the 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 Sethupathy, the

respondent Police are unnecessarily harassing him. 3.

The learned Additional Public Prosecutor appearing for the respondent submitted that one Sethupathy had given a complaint stating that he is running a company in the name of M/s.Monisha Sale Corporation engaged in the business of food product distributorship and that the payment for the food products worth about Rs.32 lakhs distributed to the petitioner's firm viz., M/s.Metro Retails and Traders, was not paid by him. The respondent police conducted enquiry and closed the same directing both the parties to approach appropriate forum as there had been an agreement between the parties. He further submitted that earlier there was a current paper pending in another complaint which was closed. Subsequently, in another complaint lodged against the petitioner, the respondent Police are conducting an enquiry in C.S.R.No.199 of 2025 and that the petitioner was called only for enquiry and was not harassed during the enquiry.

4.

Considering the submissions made on either side and on perusal of the materials available on record, it is seen that the respondent Police are conducting an enquiry in C.S.R.No.199 of 2025. Therefore, it is for the respondent police 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 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. 11-03-2026 Index: Yes/No Speaking/Non-speaking order SRM To

1. The Inspector of Police, T10, Thirumullaivoyal Police Station, Thirumullaivoyal, Chennai.

2. The Public Prosecutor, High Court of Madras.

M.NIRMAL KUMAR, J.

SRM 11-03-2026