G.Kumaresan v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.07.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN 1.

G.Kumaresan 2.

G.K.Siva ... Petitioners Vs.

State : Represented by The Inspector of Police, District Crime Branch, Tirupathur District.

... Respondent Prayer: Criminal Original Petition is filed under Section 528 BNSS, 2023, to issue a direction to the respondent not to harass the petitioners under the guise of enquiry.

For Petitioners : Mr.M.Vinoth For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side) 1/4

O R D E R

The Criminal Original Petition is filed seeking a direction to the respondent-Police not to harass the petitioners under the guise of enquiry.

2. Learned Government Advocate (Crl.Side) appearing for the respondent, on instructions, submitted that based on the complaint given by one A.Prakash, the respondent/Police issued summons dated 25.06.2025 to the petitioners for enquiry on 30.06.2025 and that there is no harassment as alleged by the petitioners.

3. No doubt, after receiving the complaint, it is the duty of the Police to conduct an enquiry prior to registration of the case and to file a final report. However, calling the petitioners for enquiry cannot be taken as harassment. In the case on hand, as per the prosecution the petitioners were called for enquiry on 30.06.2025, instead of appearing before the respondent/Police, the petitioner rushed to this Court praying to direct the respondent/Police not to harass the petitioners under the guise of enquiry.

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4. Taking note of the above facts, this Court is not inclined to interfere with the enquiry/investigation of the respondent/Police and there is no prima facie materials to show that respondent/Police have harassed the petitioners. Hence, this Criminal Original Petition is dismissed with a direction to the petitioners to co-operate for the enquiry/investigation.

15.07.2025 Index : Yes/No Speaking Order : Yes/No ms To 1.

The Inspector of Police, District Crime Branch, Tirupathur District.

2.

The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J ms 15.07.2025 4/4