P. Radhakrishnan Vs State by — Madras HC (2026) — LawSathi Research

P. Radhakrishnan Vs State by — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed with directions: the Investigating Agency to issue appropriate notice under Section 35(3) of BNSS; on receipt of such notice the petitioner shall appear for enquiry and co-operate in the investigation; the petitioner shall not be harassed during the course of enquiry; and if any cognizable offence is made out, the respondent Police shall register a First Information Report and proceed in accordance with law.

Issue for consideration

Whether the respondent police were harassing the petitioners under the guise of an enquiry connected with the complaint given by Devarajan Sekar, warranting a direction that they not be harassed. +1 more

Court's answer

The petitioner shall not be harassed during the course of enquiry.

Ratio / Principle

It is for the Investigating Agency to issue appropriate notice to the petitioner under Section 35(3) of BNSS for enquiry.

Key takeaways

If any cognizable offence is made out, the respondent Police shall register a First Information Report and proceed in accordance with law.ratio¶24

Detailed headnote1 paragraphs

Madras High Court (A.D. Jagadish Chandira, J.), by order dated 05.02.2026, disposed Crl.O.P.No.2376 of 2026, filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita by P.Radhakrishnan, Rajitha Menon and M.Mohammed Ashraf, seeking a direction that the respondent police (District Crime Branch, Erode and Coimbatore) not harass them under the guise of an enquiry into a complaint dated 18.07.2025 given by Devarajan Sekar (enquiry C.No.14/PG/ACD/CCB-1/CC/2026, forwarded on grounds of jurisdiction to the Commissioner of Police, Coimbatore City). The Court held it was for the Investigating Agency to issue appropriate notice under Section 35(3) of BNSS; directed that on receipt of such notice the petitioner appear for enquiry and co-operate in the investigation; made clear the petitioner shall not be harassed during the course of enquiry; and directed that if any cognizable offence is made out, the respondent Police shall register a First Information Report and proceed in accordance with law.

Crl.O.P.No.2376 of 2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.02.2026

CORAM:

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

Crl.O.P.No.2376 of 2026

P.Radhakrishnan

Rajitha Menon 3. M.Mohammed Ashraf ... Petitioners

Vs.

State by, The Inspector of Police, District Crime Branch, Erode – 638 002.

The Inspector of Police, District Crime Branch, Coimbatore. ... Respondents

PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the respondents not to harass the petitioners on the basis of the complaint given by P.Devarajan Sekar.

For Petitioners : Mr.T.Arul For Respondents : Mr.S.Santhosh Government Advocate (Criminal Side)

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Crl.O.P.No.2376 of 2026

O R D E R

The present Criminal Original Petition has been filed seeking a direction to the 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 i n connection with the complaint given by one Devarajan Sekar, the respondent Police are unnecessarily harassing them .

3 . Learned Government Advocate (Criminal Side), on instructions, submitted that initially, based on the complaint dated 18.07.2025 given by Devarajan Sekar, the first respondent Police conducted an enquiry in C.No.14/PG/ACD/CCB-1/CC/2026 and during the course of enquiry, on the point of jurisdiction, the said complaint was forwarded to the Commissioner of Police, Coimbatore City, who, in turn, deputed an officer concerned to enquire into the matter. He further submitted that the petitioners were not at all harassed during the enquiry.

Such being the position, it is for the Investigating Agency to issue appropriate notice to the petitioner under Section 35(3) of BNSS for 2/4

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Crl.O.P.No.2376 of 2026

enquiry and on receipt of such notice, the petitioner shall appear for enquiry and co-operate 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.

Accordingly, this Criminal Original Petition stands disposed

of.

05.02.2026

Neutral Citation: Yes/No ham

To

The Inspector of Police, District Crime Branch, Erode – 638 002.

The Inspector of Police, District Crime Branch, Coimbatore

The Public Prosecutor, High Court of Madras.

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Crl.O.P.No.2376 of 2026

A.D.JAGADISH CHANDIRA, J.

ham

Crl.O.P.No.2376 of 2026

05.02.2026

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