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Madras High CourtCRL OP/1958/2026disposed of

Santhi v. The Inspector Of Police (Crime )

2026-02-02Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.02.2026

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA 1.

Santhi 2.

Santhosh 3.

Harini

...Petitioners

Vs.

State rep. by, The Inspector of Police (Crime), M4 - Red Hills Police Station, Chennai - 600 052.

...Respondent

Criminal Original Petition filed under Section 528 of BNSS, 2023, seeking to direct the respondent not to harass the petitioners in respect of the civil dispute.

For Petitioners : Mr.M.Mohamed Yasin For Respondent : Mr.S.Santhosh, GA(Crl. Side)

ORDER

This criminal original petition has been filed seeking to direct the respondent not to harass the petitioners under the guise of enquiry.

2. When the matter was taken up for hearing, the learned Government Advocate (Criminal Side) appearing for the respondent, on instructions, submitted that based on the complaint given by one Moosa as against the 1st petitioner, current paper enquiry is pending in C.No.4507 of 2025 and no complaint is pending as against the 2nd and 3rd petitioners and the 1st petitioner was called only for enquiry and that the respondent police are not unnecessarily harassing the petitioners.

3. In such circumstances, it is for the Investigating Agency to issue appropriate notice to the petitioners under Section 35(3) of BNSS for enquiry and on receipt of such notice, the petitioners shall appear for enquiry and co-operate in the investigation. It is made clear that the petitioners shall not be harassed during the course of enquiry/investigation. If any cognizable offence is made out, the respondent shall register a First Information Report and proceed in accordance with law.

4. Accordingly, this criminal original petition stands disposed of. Further, the respondent-police shall not harass the 2nd and 3rd petitioners unnecessarily, if there is no complaint pending against them. 02.02.2026 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:

1.

The Inspector of Police (Crime), M4 - Red Hills Police Station, Chennai - 600 052.

2.

The Public Prosecutor, Madras High Court.

A.D.JAGADISH CHANDIRA, J.

skt 02.02.2026