G.Kumar v. The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.12.2025
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA G.Kumar
...Petitioner
Vs.
1.
The Superintendent of Police, Vellore District, Vellore.
2.
The Inspector of Police, Gudiyatham Town Police Station, Vellore District.
...Respondents
Criminal Original Petition filed under Section 528 of BNSS, 2023 to direct the 1st respondent to issue a suitable direction directing the 2nd respondent not to harass the petitioner and his family members under the guise of enquiry without any summon under section 35 of BNSS (41-A of Cr.P.C).
For Petitioner : Mr.E.Kannadasan For Respondents : Mr.S.Santhosh, GA(Crl. Side)
ORDER
This criminal original petition has been filed seeking to direct the 1st respondent to issue suitable directions to the 2nd respondent not to harass the petitioner and his family members under the guise of enquiry, without issuing any summon under Section 35 of BNSS.
2. When the matter was taken up for hearing, the learned Government Advocate (Criminal Side) appearing for the respondents, on instructions, submitted that the petitioner is a habitual offender, against whom two other cases have been registered under the Lotteries Act and he has been called for only for a routine enquiry and other than that, the respondents are not unnecessarily harassing the petitioner.
3. Recording the above submissions made by the learned Government Advocate (Criminal Side), this criminal original petition stands closed. However, it is made clear that, if the petitioner's appearance is necessary, the respondents/Investigating Agency shall 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.
15.12.2025 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:
1.
The Superintendent of Police, Vellore District, Vellore.
2.
The Inspector of Police, Gudiyatham Town Police Station, Vellore District.
3.
The Public Prosecutor, Madras High Court.
A.D.JAGADISH CHANDIRA, J.
skt 15.12.2025