S.Punithan v. The State Of Tamilnadu Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.10.2025

CORAM:

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA 1.S.Punithan 2.Muthu Rajeswari 3.S.Prabhu ... Petitioners Vs.

1.The State of Tamilnadu rep by The Commissioner of Police, Coimbatore City.

2.The Inspector of Police, City Crime Branch - 1, Coimbatore City.

3.S.Sivarajan ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the 2nd respondent not to 1/5

harass the petitioners in the guise of enquiry based on the 3rd respondent's complaint No.114 of 2025 dated 23.07.2025 and direct the 2nd respondent to close the complaint.

For Petitioner : Mr. V.Vasudevan For R1 & 2 : Mr. R.Vinothraja Government Advocate (Criminal Side)

O R D E R

This criminal original petition has been filed seeking a direction to the 2nd respondent not to harass the petitioners under the guise of enquiry.

2.

The case of the petitioners is that under the pretext of conducting an enquiry based on a complaint given by one S.Sivarajan, the 2nd respondent Police are unnecessarily harassing the petitioners. 3.

Learned Government Advocate (Criminal Side), on instructions, submitted that based on the complaint given by the de 2/5

facto complainant, current paper enquiry is pending on the file of the respondent Police and that the petitioners were called only for an enquiry.

4.

Such being the position, it is for the Investigating Agency to issue appropriate notice to the petitioners under Section 35 (3) of BNSS for enquiry and on receipt of such notice, the petitioners shall appear for enquiry and co-operate in the investigation. It is made clear that the petitioners 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.

5.

Accordingly, this criminal original petition stands disposed of, with the aforesaid direction.

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To 1.The Commissioner of Police, Coimbatore City.

2.The Inspector of Police, City Crime Branch - 1, Coimbatore City.

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A.D.JAGADISH CHANDIRA , J.

kan Crl.O.P.No. 29275 of 2025 29.10.2025 5/5