Sabareeswaran v. The Commissioner of Police,

ORDER This Criminal Original Petition has been filed to direct the respondents 1 and 2 not to harass the petitioner under the guise of enquiry.

2.The petitioner submits that there is a money dispute between the petitioner and the 3rd respondent. Based on the complaint lodged by the 3rd respondent, the petitioner, under the guise of enquiry, had been directed to appear before the 2nd respondent Police at odd hours or on short notice. Though the petitioner gave his explanation that it is only a pure civil dispute between the petitioner and the 3rd respondent, it has not been considered and the respondent Police are continuously harassing the petitioner under the guise of enquiry.

3.The petitioner earlier filed a 'Not to Harass' petition before the Vacation Court in Crl.O.P.No.11707 of 2026, in which, the Superintendent of Police, Coimbatore District and the Inspector of Police, City Crime Branch, Office of the Superintendent of Police, Coimbatore District, have been shown as respondents 1 and 2. This Court, by order dated 06.05.2026, has directed the respondent Police to issue summons to the petitioner as well as the 3rd respondent and fix a date for enquiry and dispose of the matter. However, the 2nd respondent has taken a technical objection stating that City Crime Branch will not come under the office of the Superintendent of Police and it will come Page3 of 5 only under the Commissioner of Police. Thereby, the Police have failed to consider the order passed by this Court on 06.05.2026 in Crl.O.P.No.11707 of 2026 and have directed the petitioner to file a fresh petition and get orders from this Court. Hence, the petitioner has filed the present petition.

4.Learned Government Counsel (Criminal Side) appearing for the respondent Police submitted that the 2nd respondent had received the orders passed by this Court and thereafter, they have not called the petitioner for any enquiry. He further submitted that, if the petitioner is required for any further enquiry, he will be called upon only through summons. He further submits that the earlier order of this Court, dated 06.05.2026 in Crl.O.P.No.11707 of 2026, will be followed by the respondent Police in letter and spirit and the enquiry on the complaint of the 3rd respondent will be completed within a period of four weeks from today.

5.Recording the submissions made by the learned Government Counsel (Criminal Side), this Criminal Original Petition is disposed of. It is made clear that, under the guise of enquiry, the petitioner shall not be unnecessarily harassed by calling at odd hours or at short intervals or without summons. 03-06-2026 MKN Page4 of 5 Index: Yes/No Speaking/Non-speaking order To

¶1The Commissioner of Police, O/o. the Commissioner of Police, Coimbatore City.

¶2The Inspector of Police, City Crime Branch, O/o. the Commissioner of Police, Coimbatore City.

¶3The Public Prosecutor, High Court, Madras. CRLoOPoNo.o12660oofo2026 M.NIRMALoKUMARoJ. MKN CRLoOPoNo.o12660oofo2026 03-06-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03-06-2026 CORAM THE HON'BLE MR JUSTICE M. NIRMAL KUMAR Sabareeswaran ..Petitioner(s) Vs 1. The Commissioner of Police, O/o. the Commissioner of Police, Coimbatore City. 2. The Inspector of Police, City Crime Branch, O/o. the Commissioner of Police, Coimbatore City. 3. Sivaprakasam ..Respondent(s) Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to direct the respondents 1 and 2 not to harass the petitioner under the guise of enquiry. For Petitioner(s): Mr.S.Nirmal Aditya For Respondent(s): Mr.A.Amarnath Counsel for Government of Tamil Nadu (Criminal Side) for R1 and R2 Page2 of 5