Mohammed Shaul Hameed v. The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.10.2025
CORAM:
THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Mohammed Shaul Hameed ... Petitioner Vs.
The Inspector of Police, Viruthampattu Police Station, Vellore District.
... Respondent PRAYER : Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the respondent not to harass the petitioner under the pretext of enquiry, without following due process of law.
For Petitioner : Mr.T.Senthilkumaran For Respondent : Mr.R.Vinothraja Government Advocate (Criminal Side)
O R D E R
The Criminal Original Petition has been filed seeking a direction to the respondent not to harass the petitioner under the guise of enquiry. 1/4
2.
The case of the petitioner is that under the pretext of conducting an enquiry in connection with a civil dispute between the petitioner and one Venkatraghavan, the respondent Police are unnecessarily harassing the petitioner.
3.
Learned Government Advocate (Criminal Side), on instructions, submitted that based on the complaint given by the de facto complainant, the respondent Police are conducting an enquiry in C.S.R.No.890 of 2025 and that the petitioner was called only for enquiry. 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 receipt of such notice, the petitioner shall appear for enquiry and co-operate in the investigation. It is made clear that the petitioner 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.
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5.
Accordingly, this Criminal Original Petition stands disposed of with the aforesaid direction.
28.10.2025 ham To 1.
The Inspector of Police, Viruthampattu Police Station, Vellore District.
2.
The Public Prosecutor, High Court of Madras.
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A.D.JAGADISH CHANDIRA , J.
ham 28.10.2025 4/4