Madras High CourtCRL OP/27851/2025disposed of

K.Premkumar v. The Commissioner Of Police,

2025-10-13Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13-10-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR K.Premkumar Petitioner(s) Vs

1. The Commissioner of Police, Commissioner of Police Office, Coimbatore District.

2.The State rep.by, Inspector of Police C3 Saibaba Colony Police Station, CSR No.286/2025.

Respondent(s) PRAYER Criminal Original Petition filed under Section 528 of BNSS Act to direct respondent no.2 to not to harass the petitioner on the representation dated 22.09.2025.

For Petitioner(s):

M/s.J.Kingsly Solomon For Respondents:

Mr.K.M.D.Muhilan for R1 and R2 Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to issue directions to the respondents not to harass the petitioners under the guise of enquiry. 1/4

2. The case of the petitioner is that the petitioner borrowed a sum of Rs.2,00,000/- from Mrs.Shanmugavadivu, who was engaged in money lending business. Subsequently, the same was repaid in various installments over time. In total, the petitioner repaid an amount exceeding Rs.4,25,000/-, however, the said Shanmugavadivu lodged fabricated complaints against the petitioner, as if the petitioner has not paid any amounts, due to which the respondents are harassing the petitioner, further, the petitioner's vehicle was also seized by the respondents. Hence, this petition.

3. The learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that current paper enquiry is pending against the petitioner and the petitioner was called for enquiry and the respondents have not harassed the petitioner.

4. In such view of the matter, 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 respondents shall register the First Information Report and proceed as per law. 2/4

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

13-10-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssd To 1.The Commissioner of Police, Commissioner of Police Office, Coimbatore District.

2.The State rep.by, Inspector of Police C3 Saibaba Colony Police Station, CSR No.286/2025.

3. The Public Prosecutor, High Court, Madras 3/4

N.SATHISH KUMAR J.

ssd CRL OP No. 27851 of 13-10-2025 4/4