N.Sathishkumar v. The State Rep. By The Superintendent Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.03.2026
CORAM
THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA N.Sathishkumar ..Petitioner Vs
1. The State represented by The Superintendent of Police,
2. The State represented by The Inspector of Police, ..Respondents Prayer: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita to direct the respondents not to harass the petitioner in the guise of enquiry without following due process of law. For Petitioner :
Mr.N.Ponraj For Respondents :
Ms.J.R.Archana Government Advocate (Criminal Side)
ORDER
It is submitted that when the matter was taken up on 30.01.2026, the learned Government Advocate (Criminal Side) represented that based on the complaint given against the petitioner, an enquiry had been conducted and the same was closed on 04.01.2026. However, in the order copy, it has been stated 1 / 8
that as if the enquiry is pending. Therefore, the matter has been listed today under the caption "for being mentioned".
2.
When the matter was taken up today, this Court sought clarification with the learned Government Advocate (Criminal Side). Accordingly, for the sake of better appreciation, paragraphs 3 to 5 of the order dated 30.01.2026, which requires correction, shall read as under: "3. Learned Government Advocate (Criminal Side), on instructions, submitted that based on the complaint given against the petitioner, the second respondent Police conducted an enquiry in C.No.G4/E-10268294/72/SP/2025 and closed the same on 04.01.2026. He further submitted that the petitioner was called only for enquiry and was not harassed during the enquiry. 4.
Recording the submission made by the learned Government Advocate (Criminal Side), this Criminal Original Petition stands closed."
3.
The Registry is directed to carry out the necessary corrections in paragraphs 3 to 5 of the order dated 30.01.2026 by substituting the above paragraphs and thereafter, issue a fresh copy of the order by 09.03.2026. 06.03.2026 ham 2 / 8
To
1. The Superintendent of Police,
2. The Inspector of Police,
3. The Public Prosecutor, High Court of Madras.
3 / 8
A.D.JAGADISH CHANDIRA, J.
ham 06.03.2026 4 / 8
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30-01-2026
CORAM
THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA Crl. O.P. No.1972 of 2026 N.Sathishkumar ..Petitioner Vs
3. The State represented by The Superintendent of Police,
4. The State represented by The Inspector of Police, ..Respondents Prayer: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita to direct the respondents not to harass the petitioner in the guise of enquiry without following due process of law. For Petitioner :
Mr.N.Ponraj For Respondents :
Mr.S.Santhosh Government Advocate (Criminal Side) 5 / 8
ORDER
The present Criminal Original Petition has been filed seeking a direction to the second respondent police not to harass the petitioner under the guise of enquiry.
2.
The case of the petitioner is that under the pretext of conducting an enquiry in connection with the existing civil dispute with one N.Nithya, the second respondent Police are unnecessarily harassing him. 3.
Learned Government Advocate (Criminal Side), on instructions, submitted that based on the complaint given against the petitioner, the second respondent Police are conducting an enquiry in C.No.G4/E-10268294/72/SP/2025 and that the petitioner was called only for enquiry and was 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 petitioner shall appear for enquiry and cooperate in the investigation. It is made clear that the petitioner 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 6 / 8
proceed in accordance with law.
5.
Accordingly, this Criminal Original Petition stands disposed of. 30-01-2026 MRN To
3. The Superintendent of Police,
4. The Inspector of Police,
3. The Public Prosecutor, High Court of Madras.
7 / 8
A.D.JAGADISH CHANDIRA, J.
MRN Crl. O.P. No.1972 of 2026 30-01-2026 8 / 8