V.Siva Kumar v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-04-2026

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR V.Siva Kumar Petitioner(s) Vs

1. The Superintendent of Police, O/o. The Superintendent of Police, Salem District.

2.The Inspector of Police, O/o. The Inspector of Police, Valappadi Police Station, Salem District.

3.Saravanan Respondent(s) PRAYER: Criminal Original Petition filed under Section 528 of BNSS, to issue a direction to the respondent No.2 to not to harass the petitioner in the guise of enquiry by considering the petitioners representation dated 06.04.2026 and pass such further order or other orders as this Court. For Petitioner(s):

Mr.S.Nihar Ali (through VC) For Respondent(s):

Mr.R.Vinoth Raja Government Advocate (Crl. Side) for R1 and R2

ORDER

This Criminal Original Petition has been filed, seeking a direction to the 2nd respondent not to harass the petitioner under the guise of enquiry by considering the petitioner's representation dated 06.04.2026.

2. Heard the learned counsel for the petitioner and the learned Government Advocate for respondents 1 and 2 and also perused the materials available on record.

3. The learned Government Advocate appearing for the respondents 1 and 2 submitted that the petitioner and the 3rd respondent had jointly purchased certain property. Thereafter, the property was sold, and the share of the Saravanan/3rd respondent was not paid. Hence, the 3rd respondent lodged a complaint, and a case has been registered. He further submitted that the petitioner was only called for enquiry and the same cannot be construed as harassment.

4. In response, the learned counsel for the petitioner, on instructions, submitted that the petitioner is ready to appear before the respondent police on

27.04.2026 and to offer his explanation.

5. In such circumstances, this Court directs the respondent police to issue notice for enquiry mentioning the date as 27.04.2026. On receipt of such notice, the petitioner shall appear before the respondent police on the said date for enquiry and co-operate with 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.

6.

Accordingly, this Criminal Original Petition stands disposed of. 16-04-2026 Jd Index:Yes/No Speaking/Non-speaking order Internet:Yes

To

1. The Superintendent of Police, O/o. The Superintendent of Police, Salem District.

2.The Inspector of Police, O/o. The Inspector of Police, Valappadi Police Station, Salem District.

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

M.NIRMAL KUMAR J.

jd 16-04-2026