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Madras High CourtCRL OP/2335/2026disposed of

M.Jayachitra v. State Represented By

2026-02-04Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.02.2026

CORAM:

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

M.Jayachitra 2.

C.Madurai Veeran

...Petitioners

Vs.

1.

State represented by, The Inspector of Police, S5, Pallavaram Police Station, Chennai - 600 043.

2.

Sudhakar

...Respondents

Criminal Original Petition filed under Section 528 of BNSS, 2023, seeking to direct the respondents not to harass the petitioners, as per the representation given by the petitioner on 08.01.2026. For Petitioners : Mr.A.D.Janarthanan For Respondents : Mr.S.Santhosh, GA(Crl. Side), for R1

ORDER

This criminal original petition has been filed seeking to direct the respondents 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 1st respondent, on instructions, submitted that based on the complaint made as against the petitioners, current paper enquiry is pending in C.No.281/ACP/PALLAVARAM/2025 and the petitioners were called only for enquiry and that the respondentpolice are not unnecessarily harassing the petitioners.

3. In response, the learned counsel for the petitioners submitted that this is the second complaint given by the de facto complainant as against the petitioners on the very same set of facts.

4. 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-police shall register a First Information Report and proceed in accordance with law.

5. Accordingly, this criminal original petition stands disposed of with a direction to the 1st respondent-police to complete the enquiry/investigation within a period of four (4) weeks from the date of receipt of a copy of this order.

04.02.2026 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:

1.

The Inspector of Police, S5, Pallavaram Police Station, Chennai - 600 043.

2.

The Public Prosecutor, Madras High Court.

A.D.JAGADISH CHANDIRA, J.

skt 04.02.2026