2026 Supreme(Online)(Mad) 30422
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. NIRMAL KUMAR, J
Thenmozhi D/o Iyyamperumal – Appellant
Versus
The Deputy Superintendent of Police Mettur Sub Division, Salem District, Salem – Respondent
Criminal Original Petition
For the Petitioner(s): Mr.C.Deepakkumar
For the Respondent(s): Mr. LEONARD ARUL JOSEPH SELVAM
No police enquiry or harassment permissible without registered case in civil disputes.
Headnote:First Paragraph: The petition filed under Section 528 of BNSS seeks direction to prevent police harassment in a civil dispute. Essential facts involve petitioner alleging interference by police in civil matters without registration of any case. Court finds no case registered against petitioner, confirming no need for enquiry. Second Paragraph: Key issue framed as whether police should refrain from harassing petitioner under guise of enquiry in civil dispute. Ratio decidendi holds that absent registration of case, no police enquiry required, relying on Additional Public Prosecutor's submission. Last Paragraph: Criminal Original Petition disposed of.
| Table of Content |
|---|
| 1. petition to prevent police harassment in civil dispute. (Para 1) |
| 2. hearing counsel submissions. (Para 2) |
| 3. no case registered, no enquiry needed. (Para 3) |
| 4. petition disposed based on submission. (Para 4) |
ORDER
This Criminal Original Petition has been filed to direct the 2nd respondent not to harass the petitioner.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.
3. The learned Additional Public Prosecutor, on instructions, submitted that no case has been registered as against the petitioner and as such, the petitioner is not required for any enquiry by the respondent Police.
4. Recording the submission of the learned Additional Public Prosecutor, this Criminal Original Petition is disposed of.