K.Paul Benaiah v. The State Rep By, The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-03-2026

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR K.Paul Benaiah Petitioner(s) Vs

1. The State represented by, The Inspector of Police, T4, Maduravoal Police Station, Chennai 600 095.

2.R.Sekar Respondent(s) PRAYER: Criminal Original Petition filed under Section 528 of BNSS, to direct the 1st respondent's police not to harass the Petitioner under the guise of enquiry and thus render justice.

For Petitioner(s):

Mr.J.Agni Selvaraju For Respondent(s):

Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor For R1

ORDER

This Criminal Original Petition has been filed, seeking a direction to the 1st respondent's police not to harass the petitioner under the guise of enquiry.

2. The contention of the learned counsel for the petitioner is that, based on the complaint given by the 2nd respondent, who is a money lender having

close association with the 1st respondent police, the petitioner was frequently called for enquiry at odd hours.

2.1. The learned counsel for the petitioner submits that the petitioner had borrowed a sum of Rs.1,20,000/- (Rupees One Lakh Twenty Thousand Only) from the 2nd respondent by surrendering his original R.C. Book of the TATA ACE with interest at the rate of 10% per month. Further, he submitted that the dispute between the petitioner and the 2nd respondent is purely civil in nature. Hence, he contends that the 1st respondent police have no locus standi to interfere in a civil dispute.

3. Mr.Leonard Arul Joseph Selvam, learned Additional Public Prosecutor appearing for the first respondent submitted that, based on the complaint given by the 2nd respondent, the petitioner was called for enquiry regarding the money dispute. Further, he submitted that, on receipt of the complaint, a CSR number was assigned and the respondent police are conducting an enquiry. Further, he 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 for enquiry and on receipt of such notice,

the petitioner shall appear for enquiry and co-operate. 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. 26-03-2026 Jd Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. The Inspector of Police, T4, Maduravoal Police Station, Chennai 600 095.

2. The Public Prosecutor, Madras High Court, Chennai.

M.NIRMAL KUMAR J.

jd 26-03-2026