Santhosh v. The Superintenndent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.11.2025
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Santhosh
...Petitioner
Vs.
1.
The Superintendent of Police, Office of Superintendent of Police, Dharmapuri District.
2.
The Deputy Superintendent of Police, Pennagaram, Dharmapuri District.
3.
The Inspector of Police, Indur Police Station, Dharmapuri District.
...Respondents
Criminal Original Petition filed under Section 528 of BNSS, 2023, to direct the respondent herein not to harass the petitioner by appreciating the facts and circumstances of the case.
For Petitioner : Mr.J.Pradeep For Respondents : Mr.K.M.D.Muhilan, Addl. Public Prosecutor 1/5
ORDER
This criminal original petition has been filed seeking to direct the respondents not to harass the petitioner under the guise of enquiry.
2. The case of the petitioner is that under the pretext of conducting an enquiry in connection with the complaint given by the de-facto complainant, the respondents are unnecessarily harassing the petitioner.
3. Learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that based on the complaint given by the de-facto complainant, the respondents are conducting enquiry after following the due process of law and that the petitioner was called only for enquiry.
4. In such circumstances, 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 cooperate in the investigation. It is made clear that the petitioner shall not be 2/5
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. 24.11.2025 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:
1.
The Superintendent of Police, Office of Superintendent of Police, Dharmapuri District.
2.
The Deputy Superintendent of Police, Pennagaram, Dharmapuri District.
3.
The Inspector of Police, Indur Police Station, Dharmapuri District.
4.
The Public Prosecutor, Madras High Court.
3/5
M.NIRMAL KUMAR, J.
skt 4/5
24.11.2025 5/5