Nereus Marine Pvt. Ltd. Vs The Inspector of Police

Nereus Marine Pvt. Ltd., Rep. by its Managing Director, Capt Durgesh Prathap Singh, No.B401, The Great Eastern Summit, Plot No.66, Sector 15, CBD Belapur, Navi Mumbai – 400 614. ... Petitioner

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Versus

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1.The Inspector of Police, K-9, Thiru Vi Ka Nagar Police Station, Chennai – 600 011.

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2.Nireekshan Engineering Service Pvt. Ltd., Rep by K.P.Vijayakumar No.259/125, 3^rd Floor, Linghi Chetty Street, Parrys, Chennai – 600 001. … Respondents

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Prayer: Criminal Original Petition filed under Section 528 of BNSS, 2023 praying to call for the records pertaining to the entire records relating to the

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3/10

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.30410 of 2025

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impugned police summons dated 29.10.2025 issued by the 1^st respondent under Sections 179 and 94 of Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, quash the same as illegal and arbitrary.

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For Petitioner : Mr.L.P.Maurya

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For Respondent-1 : Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor

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For Respondent-2 : Mr.S.N.Arunkumar

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For Mr.R.Suresh Kumar

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O R D E R

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The petitioner received summons dated 29.10.2025 for his appearance

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before the first respondent on 03.11.2025. Challenging the same, the

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petitioner filed this petition for the reason that in the summons reference has

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been made to Sections 179 and 94 of the Bharatiya Nagarik Suraksha Sanhita

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(BNSS).

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2.The learned counsel for petitioner submitted that without registering

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a case, commencement of investigation invoking Sections 179 and 94 of

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BNSS is not proper. In support of his contention, he relied upon the judgment 4/10

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.30410 of 2025

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rendered by this Court in Crl.O.P.No.26299 of 2025 dated 25.09.2025 and the

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judgment rendered by the Madurai Bench of this Court in Crl.O.P(MD) Nos.9478 of 2025, etc. batch. dated 05.11.2025.

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3.The learned Additional Public Prosecutor Submitted that as per

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Section 173(3) of BNSS, the police on receipt of information relating to the commission of any cognizable offence which is made punishable for three years or more but less than seven years, the officer incharge of the police station may with the prior permission from an officer not below the rank of Deputy Superintendent of Police, considering the nature and gravity of the offence proceed to conduct preliminary enquiry. In this case from the documents submitted by the petitioner it is confirmed that petitioner had taken service of the de-facto complainant and agreed to pay USD 6500.00 for

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cleaning of the hull and barge. He further submitted that though in the complaint the second respondent mentioned as USD 7500.00, the invoice produced by the petitioner confirms that it is for USD 6500.00. The

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5/10

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.30410 of 2025

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petitioner’s contention that invoice raised in UAE and the respondent police

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has got no jurisdiction cannot be countenanced, since the complaint narrates

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how the petitioner cheated the second respondent. The petitioner had sent a payment advice to the second respondent/de-facto complainant for USD

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3,750.00. It is a part amount and later though swift message has been sent, it

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is not followed with any payment and the cleaning of hull completed. Under the false promise cheating has been committed. The respondent police would conduct proper investigation, if required register an F.I.R. thereafter proceed against the petitioner invoking Section 173(3) of BNSS.

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4.On the submission of the petitioner and also both the respondents and

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on perusal of the materials, it is seen that there was transactions between the

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petitioner and the second respondent. Whether the payments made and

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cheating was at the inception or not, it is for the respondent police to decide

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and take appropriate decision and whether to invoke Sections 173(3) or 179

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of BNSS, it is for the respondent to decide.