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2026 Supreme(Online)(Mad) 34775

IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. NIRMAL KUMAR, J
P.Arjunan – Appellant
Versus
The District Superintendent of Police Salem District Superintendent of Police Office, Nethimedu, Salem - 636 002. – Respondent
Criminal Original Petition



Advocates:
For Petitioner(s): Mr.A.Rameshmanikandan
For Respondent(s):Mr.R.Vinothraja, Govt. Advocate (Crl. Side)

Police cannot harass without tangible material during lawful enquiry; petitioner must comply with summons.

Headnote:No specific statutes analyzed. Petitioner sought directions against police harassment amid ongoing enquiry in CSR.No.175 of 2026. Court noted summons served for appearance on 18.04.2026 and recorded petitioner's readiness to comply. Court directed no unnecessary harassment absent tangible material, allowing lawful enquiry if material exists. Issue framed as preventing police harassment during enquiry. Ratio: Petitioner must appear per summons; police cannot harass without tangible evidence, but may proceed lawfully if evidence available. Criminal Original Petition disposed of with directions.

Table of Content
1. petition against police harassment in enquiry. (Para 1 , 2)
2. petitioner agrees to appear per summons. (Para 3)
3. no harassment without evidence; petition disposed. (Para 4 , 5)

ORDER

This petition has been filed seeking a direction to the first respondent to instruct the second respondent Police not to harass the petitioner.

2. The learned Govt. Advocate (Crl. Side) submitted that petitioner is required in connection with the enquiry in CSR.No.175 of 2026.

3. The learned counsel for the petitioner submitted that, subsequent to the filing of this petition, a summons was served on the petitioner today, calling upon him to appear on 18.04.2026. The petitioner is ready to appear and give his explanation on 18.04.2026. The above statement is recorded.

4. In view of the above submissions, this Court makes it clear that the petitioner shall not to be unnecessarily harassed under the guise of enquiry, unless there is tangible material available against him. If such material exists, the respondent Police are at liberty to issue appropriate summons to the petitioner and proceed with the enquiry in accordance with law.

5. With the above directions, the Criminal Original Petition is disposed of.

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