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Madras High CourtCRL OP/2866/2026disposed of

Aravind Raj v. State Repby,

2026-02-09Honourable Mr Justice A.D.Jagadish Chandira5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-02-2026

CORAM

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

1. Aravind Raj

2. Varadharajan ..Petitioner(s) Vs

1. State Repby, The Commissioner of Police, O/o. The Commissioner of Police, Greater Chennai Vepari, Chennai.

2. The Inpsector Of Police KK Nagar Police Station, Chennai.

..Respondent(s) Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the second respondent Police not to harass the petitioners in any manner except by due process of law. For Petitioner(s):

Mr.T.Muruganantham For Respondent(s):

Mr.S.Santhosh, Government Advocate (Crl.Side)

ORDER

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

2.

The case of the petitioners is that under the pretext of conducting an enquiry in respect of the complaint given by one Sugirtha, the second respondent Police are unnecessarily harassing them. 3.

Learned Government Advocate (Crl.Side), on instructions, submitted that based on the complaint given by Sugirtha against the petitioners, the respondent Police conducted an enquiry on 08.01.2026 in C.No.01/R7PS/X/2026. He further submitted 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 petitioners under Section 35(3) of BNSS for enquiry and on receipt of such notice, the petitioners shall appear for enquiry and cooperate in the enquiry. 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.

6.

Accordingly, this Criminal Original Petition stands disposed of. 09-02-2026 Index: Yes/No Speaking/Non-speaking order VKR To 1.The Commissioner of Police, O/o. The Commissioner of Police, Greater Chennai Vepari, Chennai.

2.The Inpsector Of Police KK Nagar Police Station, Chennai.

3.The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA, J.

VKR 09-02-2026