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Madras High CourtCRL OP/1934/2026closed

K.Pitchai v. State Rep By

2026-01-30Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-01-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA

1. K.Pitchai

2. Dr.P.Pauline Elizabeth ..Petitioners Vs

1. State represented by The Commissioner of Police, Tambaram Commissionerate, Tambaram.

2. State, represented by The Inspector of Police, T-3, Pallavaram Police Station, Chennai-600 043.

..Respondents Prayer: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita to direct the 2nd Respondent viz., the Inspector of Police T-3, Pallavaram Police Station, Chennai to not to harass the 2nd petitioner in any manner, based on the Complaint lodged against the 1st Petitioner except by due Process of law.

For Petitioners:

Mr.Ramesh Kumar Chopra For Respondents:

Mr.S.Santhosh Government Advocate (Criminal Side)

ORDER

The present Criminal Original Petition has been filed seeking a direction to the second respondent police not to harass the second petitioner under the guise of enquiry.

2.

The case of the petitioners is that under the pretext of conducting an enquiry in connection with the existing civil dispute with one Sampath, the second respondent Police is unnecessarily harassing the second petitioner. 3.

Learned Government Advocate (Criminal Side), on instructions, submitted that based on the complaint given against the petitioners, the respondent Police are conducting an enquiry in C.S.R.No.1669 of 2025 and that the petitioners were called only for enquiry and were not harassed during the enquiry.

4.

Such being the position, it is for the Investigating Agency to issue appropriate notice to the petitioner under Section 35(3) of BNSS for enquiry and on receipt of such notice, the petitioners shall appear for enquiry and cooperate in the investigation. It is made clear that the petitioners shall not be harassed during the course of enquiry. If any cognizable offence is made out, the second respondent Police shall register a First Information Report and

proceed in accordance with law.

5.

Accordingly, this Criminal Original Petition stands disposed of. 30-01-2026 MRN To

1. The Commissioner of Police, Tambaram Commissionerate, Tambaram.

2. The Inspector of Police, T-3, Pallavaram Police Station, Chennai-600 043.

3. The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA, J.

MRN 30-01-2026