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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UP: Girl raped by two youths, juvenile at Banda hotel, all accused held
Banda (UP) (PTI): A 15-year-old Dalit girl was allegedly abducted and gang-raped at a hotel here by two youths and a minor, who then abandoned her under a bridge, police said on Thursday.
The two youths involved in the crime were arrested, and the juvenile was apprehended on Wednesday, they said.
According to Atarra Circle Officer Praveen Yadav, the arrested have been identified as Mahesh Kushwaha (18), Shakti Singh (19), and a 15-year-old boy, all residents of Girwan.
He said the incident took place around 8.30 pm on Tuesday.
The complaint filed by the girl's father stated that his daughter had gone to the market in Atarra town with a friend, when the three accused on a motorcycle made her inhale some intoxicant. They took the semi-conscious teenager to a hotel on Station Road, committed the crime and then abandoned her under the Ken Canal bridge before fleeing, CO Yadav said.
A case was registered on Wednesday, and all the accused were held, the CO said.
He added that one of the arrested accused was a former acquaintance of the victim. RUK
