SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Online)(Mad) 78203

IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.JAGADISH CHANDIRA, J
R.Karthikeyan – Appellant
Versus
The State of Tamil Nadu – Respondent
Criminal Original Petition | C.S.R.No.324 of 2025



Advocates:
For the Appellants/Petitioners: Mr.M.Mohamed Saifulla
For the Respondents:Mr.R.Vinothraja Government Advocate (Criminal Side)

The necessity for police to conduct inquiries without harassment and the legal obligations of investigation authorities.

Headnote:The petition seeks a direction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita to prevent harassment by the police during an inquiry based on a complaint. The court noted that the petitioner should cooperate with the police investigation without harassment. The petitioner must be properly notified for the inquiry, and if a cognizable offense arises, appropriate actions are mandated. The petition is dismissed as per law.

Table of Content
1. harassment under the guise of inquiry is addressed. (Para 1 , 2)
2. rule of police inquiry based on complaints. (Para 3)
3. clarification on proper procedural conduct during inquiries. (Para 4)
4. final order disposing of the petition. (Para 5)

O R D E R

The present Criminal Original Petition has been filed seeking a direction to the respondent police 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 based on the complaint lodged by one Haji Ali, the respondent Police are unnecessarily harassing the petitioner.

3. Learned Government Advocate (Criminal Side), on instructions, submitted that based on the complaint given by Haji Ali, the respondent Police are conducting an enquiry in C.S.R.No.324 of 2025 and that the petitioner was called only for enquiry. He further submitted that the petitioner was not harassed by the respondents.

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.

5. Accordingly, this Criminal Original Petition stands disposed of.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top