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Madras High CourtCRL OP/1382/2026disposed of

R.Shyam Chandar v. The State Rep.By, The Superintendent Of Police,

2026-01-23Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23-01-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA R.Shyam Chandar ..Petitioner Vs

1. The State Rep. by, The Superintendent of Police, Tiruvallur - 602 001.

2. The Inspector of Police, All Women Police Station, Tiruvallur - 602 001.

3. Logeshwari ..Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to issue direction to the respondent No.2, not to harass the petitioner and his family members under the guise of enquiry based upon the complaint lodged by the 3rd Respondent. For Petitioner :

Mr.M.Sundara Pandya Raja For Respondents :

Mr.S.Santhosh, 1 and 2 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 petitioner and his family members 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 matrimonial dispute with third

respondent, the 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 respondent Police are conducting an enquiry in C.No.58/TVLR/2025, dated 19.11.2025 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 respondent Police shall register a First Information Report and proceed in accordance with law.

5.

Accordingly, this Criminal Original Petition stands disposed of. 23-01-2026 Index: Yes/No Speaking/Non-speaking order SRM

To

1. The Superintendent of Police, Tiruvallur - 602 001.

2. The Inspector of Police, All Women Police Station, Tiruvallur - 602 001.

3. The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA, J.

SRM 23-01-202