LexDraft · Judgments

CRL OP/9533/2026 of V.Siva Kumar Vs The Superintendent of Police,

Madras High Court · 2026

Coram: HONOURABLE MR JUSTICE M. NIRMAL KUMAR

CRL OP No. 9533 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-04-2026 CORAM THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL OP No. 9533 of 2026 V .Siva Kumar Petitioner(s) Vs 1. The Superintendent of Police, O/o. The Superintendent of Police, Salem District. 2.The Inspector of Police, O/o. The Inspector of Police, Valappadi Police Station, Salem District. 3.Saravanan Respondent(s) PRAYER: Criminal Original Petition filed under Section 528 of BNSS, to issue a direction to the respondent No.2 to not to harass the petitioner in the guise of enquiry by considering the petitioners representation dated 06.04.2026 and pass such further order or other orders as this Court. For Petitioner(s): Mr.S.Nihar Ali (through VC) For Respondent(s): Mr.R.Vinoth Raja Government Advocate (Crl. Side) for R1 and R2 1 https://www.mhc.tn.gov.in/judis CRL OP No. 9533 of 2026 ORDER This Criminal Original Petition has been filed, seeking a direct ion to the 2nd respondent not to harass the petitioner under the guise of enquiry by considering the petitioner’s representation dated 06.04.2026. 2. Heard the learned counsel for the petitioner and the learned Government Advocate for respondents 1 and 2 and also perused the materi als available on record. 3. The learned Government Advocate appearing for the respondents 1 and 2 submitted that the petitioner and the 3 rd respondent had jointly purchased certain property. Thereafter, the property was sold, and the share of the Saravanan/3rd respondent was not paid. Hence, the 3 rd respondent lodged a complaint, and a case has been registered. He further submitted that the petitioner was only called for enquiry and the same cannot be construed as harassment. 4. In response, the learned counsel for the petitioner, on instructions, submitted that the petitioner is ready to appear before the res pondent police on 2 https://www.mhc.tn.gov.in/judis CRL OP No. 9533 of 2026 27.04.2026 and to offer his explanation. 5. In such circumstances, this Court directs the respondent police to issue notice for enquiry mentioning the date as 27.04.2026. On receipt of such notice , the petitioner shall appear before the respondent police on the said date for enquiry and co-operate with the investigation. It is made clear that the petitioner shall not be harassed during the course of enquiry. If any cogniza ble offence is made out, the respondent Police shall register a First Inform ation Report and proceed in accordance with law. 6. Accordingly, this Criminal Original Petition stands disposed of. 16-04-2026 Jd Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No 3 https://www.mhc.tn.gov.in/judis CRL OP No. 9533 of 2026 To 1. The Superintendent of Police, O/o. The Superintendent of Police, Salem District. 2.The Inspector of Police, O/o. The Inspector of Police, Valappadi Police Station, Salem District. 3. The Public Prosecutor, Madras High Court, Chennai. 4 https://www.mhc.tn.gov.in/judis CRL OP No. 9533 of 2026 M.NIRMAL KUMAR J. jd CRL OP No. 9533 of 2026 16-04-2026 5 https://www.mhc.tn.gov.in/judis