Madras High CourtCRL OP/23621/2025disposed of

P.Siva @ King Siva v. The Deputy Superintendent Of Police,

2025-08-26Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 26-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

1. P.Siva @ King Siva S/o.Pandi, Residing at Marappan Street, Veerappanchatiram (M), Erode-638 004.

Petitioner(s) Vs

1. The Deputy Superintendent of Police, Deputy Superintendent of Police Office at Surampatti, Erode District.

2.The State rep.by Inspector of Police, North Police Station, Erode District.

Respondent(s) PRAYER : Petition filed under Section 528 of BNSS, to direct the 2nd respondent not to harass the petitioner by appreciating the facts and circumstances of the case, and may pass such other or further orders as this Honble Court deems fit and proper to the facts and circumstances of the case. For Petitioner(s):

M/s.G.Aswath For Respondents:

Mr.R.Vinoth Raja, Govt. Advocate (Crl.Side)

ORDER

This Petition has been filed to direct the 2nd respondent not to harass the petitioner by appreciating the facts and circumstances of the case.

2. It is the contention of the petitioner that under the pretext of enquiry, the police is unnecessarily harassing the petitioner.

3. The learned Government Advocate [Criminal Side] submitted that on the complaint given by the defacto complaint, notice has been issued to the petitioner. There are eight previous cases pending against the petitioner and he is a history sheeter.

4. Such being the position, it is for the investigating agency to issue appropriate notice to the petitioner under Section 35(3) of BNSS for enquiry and on such notice, the petitioner shall appear for enquiry and co-operate with the investigation. If any cognizable offence is made out, the respondent police shall register the First Information Report and proceed as per law.

5. With the above direction, this Criminal Original Petition is disposed of.

26-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes gsk To 1.The Deputy Superintendent of Police, Deputy Superintendent of Police Office at Surampatti, Erode District.

2.The State rep.by Inspector of Police, North Police Station, Erode District.

N.SATHISH KUMAR J.

gsk 26-08-2025