Sumithra Devi v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03-06-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR

1. Sumithra Devi

2. Mathiyalagan ..Petitioner(s) Vs

1. The Superintendent of Police, Tiruppur District.

2. The Deputy Superintendent of Police, Udumalpet, Tiruppur District.

3. The Inspector of Police, Kaniyur Police Station, Kaniyur, Tiruppur District.

4. Manoharan @ Palanisamy,

5. Iyyamperumal ..Respondent(s) Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to direct the 3rd respondent Police not to harass the petitioners in the guise of enquiry at the instance of respondents 4 and 5. For Petitioner(s):

Mr.R.Prabakar For Respondent(s):

Mr.A.Amarnath Counsel for Government of Tamil Nadu (Criminal Side) for R1 to R3

ORDER

This Criminal Original Petition has been filed to direct the 3rd respondent Police not to harass the petitioners under the guise of enquiry. 2.Based on the complaint lodged by the respondents 4 and 5, the 1st petitioner was summoned by the 3rd respondent Police to appear for an enquiry on 06.04.2026. The 1st petitioner appeared before the Police and had given her explanation stating that it is purely a civil dispute. Despite the same, the petitioners are being called at odd hours to appear before the respondent Police. Despite the petitioners making it clear that it is only a civil dispute, the Police are continuously harassing the petitioners. Therefore, the petitioners have filed this Criminal Original Petition.

3.Learned counsel for the petitioner submitted that the 1st petitioner has got School going children. He further submitted that he had taken notice to the respondents 4 and 5 and AOS is also filed. However, today, none has appeared for the respondents 4 and 5.

4.Learned Government Counsel (Criminal Side) appearing for the respondent Police submitted that, on summons from the 3rd respondent Police,

the 1st petitioner had appeared for an enquiry and gave her explanation and also gave an undertaking that she would appear for further enquiry as and when summoned. Having done so, the petitioners have now filed the present petition as though they have been harassed by the Police. He further submitted that, in the explanation given by the respondents 4 and 5, they had stated that they will not proceed with the matter any further and they have shown their inclination to close the complaint within a short time as civil in nature. 5.Recording the submissions made by the learned Government Counsel (Criminal Side) appearing for the respondent Police, this Criminal Original Petition is disposed of. It is made clear that, till the closure of the complaint, under the guise of enquiry, the petitioners shall not be unnecessarily harassed by calling at odd hours or at short intervals or without summons. 03-06-2026 Index: Yes/No Speaking/Non-speaking order MKN

To

1. The Superintendent of Police, Tiruppur District.

2. The Deputy Superintendent of Police, Udumalpet, Tiruppur District.

3. The Inspector of Police, Kaniyur Police Station, Kaniyur, Tiruppur District.

4. The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR J.

MKN 03-06-2026