Madras High Court quashes police notice to journalist, says summons without FIR is illegal
Chennai: The Madras High Court’s Madurai Bench has set aside a police notice issued to journalist Vimal Chinnappan, ruling that the police had no authority to summon or question him in the absence of a registered criminal case. The court held that the action violated established legal procedure and amounted to an abuse of power.
While allowing a petition filed under Section 482 of the Code of Criminal Procedure, Justice Sunder Mohan, quashed the notice dated October 26, 2025. It had been issued by the Deputy Superintendent of Police of the Srivilliputhur Sub Division in Virudhunagar district under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The judge also observed that Section 35 of the BNSS only outlines the circumstances under which a police officer may arrest a person without a warrant. He also noted that it does not empower the police to summon or question an individual when no case has been registered against them.
According to a Maktoob Media report, the police had claimed that the notice was connected to an investigation in a criminal case registered in 2023 involving offences under various provisions of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. However, during the proceedings, it was acknowledged by the State that the investigation in that case had already been completed and a final report had been filed before the Special Court for SC/ST cases in Virudhunagar.
According to the police, while examining the 2023 case, they came across an article written by the petitioner and published in a journal, which they alleged contained defamatory remarks against the police. Based on this, the Deputy Superintendent of Police issued a notice to the journalist, listing twelve questions and seeking an explanation for his writing.
The petitioner opposed the notice, claiming that it failed to describe the criminal number to which it referred. The petitioner also noted that it did not specify whether he was being summoned as an accused, witness, or suspect. He further stated that even if the article was believed to be defamatory, the police could not interview him without first filing a separate case, especially as defamation actions against the police may only be commenced through a private complaint to a competent court.
The High Court noted that most of the questions in the notice were centred on the contents of the article and were unrelated to the concluded 2023 investigation. Justice Sunder Mohan observed that if the police sought to question the petitioner in connection with any other matter, they were legally bound to clearly mention the details of a registered case. In the absence of any such case, the notice lacked legal foundation.
Setting aside the notice, the court clarified that its order would not prevent the police from taking action in accordance with the law in the future and stated that if a valid criminal case is registered and the petitioner’s presence is required for investigation, the police would be free to proceed as permitted by law.
The petitioner was represented by advocate R. Karunanidhi, while the State was represented by Government Advocate K. Sanjai Gandhi.
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Woman software employee murdered by ex-husband in Hyderabad
Hyderabad (PTI): A 29-year-old woman software employee was allegedly killed by her former husband at her house here on Wednesday, police said.
The victim's husband in a complaint stated that his wife was three months pregnant. However, police said it was not confirmed so far as the post-mortem report is awaited.
The accused, in his 30s, who worked as a software employee in Canada earlier, barged into the victim's residence and after noticing her in a room locked it from inside and allegedly stabbed her multiple times on her head with a knife resulting in her instant death.
The woman's mother-in-law was in the verandah of the house at the time of the incident.
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After being informed by her family members and neighbours, police reached the spot and found that the accused had poured petrol in the room, which he brought with him in a can, and had locked himself in the washroom.
He threatened to set off fire in the room with a lighter he was carrying and after being convinced by the police officials he came out of the washroom and was taken into custody, a police official said.
The couple got married in 2022 and mutually divorced in 2024. She had a second marriage in April 2025, police said.
Based on preliminary investigation, police said the accused bore grudge against his ex-wife as she filed domestic violence case against him.
Police said after their marriage in India, the accused went to Canada, and the deceased later joined him there.
"Some differences arose between the couple and after staying with him for five days she later returned to India and subsequently filed domestic violence case against him in Maharashtra," they said.
The accused came to India from Canada in March 2025 following the death of his mother, a police official said.
A Look-out Circular was issued against him because of the case and his passport was suspended and he was unable to go back to Canada since then and was presently residing in his native place in Peddapalli district of Telangana, without any work.
The accused felt that he and his family faced mental suffering due to the case. He also felt that his mother's death was due to the mental agony caused by the estranged wife, police said.
The accused developed a grudge against her and decided to eliminate her, police said. He managed to locate her residential address through her social media account and came to Hyderabad two months ago and stayed in a hostel.
He also "recceed" the victim’s apartment recently.
As per his plan, he came to the apartment on Wednesday with a bag containing two knives, a drilling machine, a can containing five-liter petrol among other items.
CCTV footage broadcast by local TV channels showed the man carrying a bag and walking in the corridor of the apartment.
