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2026 DAILYLAW 5285 (MAD)

Subbiah v. State Rep. By

CRL OP/6952/2026 · 2026-03-17

M Nirmal Kumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 6952 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-03-2026 CORAM THE HON'BLE MR JUSTICE M. NIRMAL KUMAR CRL OP No. 6952 of 2026 1. Subbiah 2. Sathishkumar ..Petitioner(s) Vs 1. State Rep. By The Commissioner of Police, Avadi, Chennai-54. 2. State Rep. by The Inspector of Police, Korattur Police Station, Chennai - 80. ..Respondent(s) Criminal Original Petition is filed under Section 528 of B.N.S.S., to direct the respondent Police not to harass the petitioners as per their complaint dated 19.02.2026. For Petitioner(s): Mr.M.J.Nissar Ahmed For Respondent(s): Mr.Leonard Arul Joseph Selvam, Additional Public Prosecutor ORDER The present Criminal Original Petition has been filed seeking a direction to the respondents not to harass the petitioner under the guise of enquiry. https://www.mhc.tn.gov.in/judis CRL OP No. 6952 of 2026 __________ Page2 of 4 2. The learned counsel for the petitioner submitted that the petitiners are no way connected with the alleged money transaction except being cited as witnesses. It is contended that the dispute, if any, is purely civil in nature between the complainant and the said Tamilselvan and the petitioners have been unnecessarily dragged into the enquiry. 3. Heard the learned Additional Public Prosecutor appearing for the respondents and perused the materials available on record. 4. It is seen from the records that the petitioners were cited as witnesses in connection with a transaction wherein one Tamilselvan had allegedly received money from the complainant, Vijay and failed to repay the same. Thereafter, in connection with C.S.R.No.201 of 2026, the petitioners were called for enquiry to ascertain the factual aspects of the case. 5. This Court is of the considered view that calling the petitioners for enquiry, in the course of preliminary investigation, cannot be termed as harassment. The petitioners being witnesses to the alleged transaction, are bound to cooperate with the enquiry. https://www.mhc.tn.gov.in/judis CRL OP No. 6952 of 2026 __________ Page3 of 4 6. In such circumstances, no case is made out for invoking the inherent jurisdiction of this Court under Section 482 Cr.P.C 7. Accordingly, this Criminal Original Petition stands dismissed. 17-03-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No VKR To 1.The Commissioner of Police, Avadi, Chennai-54. 2.The Inspector of Police, Korattur Police Station, Chennai – 80. 3.The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 6952 of 2026 __________ Page4 of 4 M.NIRMAL KUMAR, J. VKR CRL OP No. 6952 of 2026 17-03-2026 https://www.mhc.tn.gov.in/judis