VIMAL CHINNAPPAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This petition has been filed to quash the impugned notice issued by the 1st respondent under Sec. 35(3) of BNS, 2023, in C.No. 101/kaa.thu.ka/Thiruvi/2025, dtd. 26/10/2025.

(2.) In the said notice, it is stated that during the course of investigation in Crime No.527 of 2023, registered for the offences punishable under Ss. 294(b), 323 and 506(i) of IPC and Ss. 3(1)(r), 3(1)(s) and 3(2)(va) of the SC/ST (PoA) Act, 1989, the second respondent came across an article published by the petitioner in a journal containing allegedly defamatory statements against the Police, and therefore, certain questions were forwarded to the petitioner along with notice seeking his explanation.

(3.) The learned counsel for the petitioner would submit that in the impugned notice does not disclose, in which case, the petitioner is sought to be summoned as the investigation in Crime No.527 of 2023 has already been completed and a final report has also been filed; that the only allegation against the petitioner is that he had made defamatory statements against the Police; that for making defamatory statements against the Police, the proper remedy is to file a private complaint; and that even if any cognizable offence is made out as against the petitioner, the respondents should have first registered a case and thereafter summoned the petitioner.