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M. Shankarappa v. The Sub Inspector of Police

Madras HC11 Feb 2026CRL OP/3243/2026

Case brief

AI extract

What is this about?

Madras High Court, Crl.O.P.No.3243 of 2026, decided 11.02.2026 by A.D. Jagadish Chandira, J. Petition under Section 528 BNSS / Section 482 Cr.P.C. for direction not to harass petitioner (M. Shankarappa) by Berigai Police (R1) on complaint of V. Ramesh (R2). Current paper enquiry pending in C.No.H2/312/SP/Grievance/2026. Court directed notice under Section 35(3) BNSS, co-operation by petitioner, no harassment during enquiry/investigation, and registration of FIR if cognizable offence made out. Petition disposed.

What did the court decide?

Petition disposed of with directions: Investigating Agency to issue notice under Section 35(3) BNSS; petitioner to appear and co-operate in enquiry/investigation; petitioner not to be harassed during enquiry/investigation; FIR to be registered and law proceeded with if any cognizable offence is made out.

M. Shankarappa Vs The Sub Inspector of Police — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to a direction restraining the 1st respondent police from harassing him based on a complaint given by the 2nd respondent, in a petition filed under Section 528 BNSS / Section 482 Cr.P.C.

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Court's answer

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 co-operate in the investigation.

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Ratio / Principle

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

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Key takeaways

If any cognizable offence is made out, the 1st respondent-police shall register a First Information Report and proceed in accordance with law.ratio¶21

Detailed headnote1 paragraphs

Criminal Original Petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita / Section 482 Cr.P.C. seeking a direction to the Sub-Inspector of Police, Berigai Police Station, not to harass the petitioner based on a complaint by the 2nd respondent. Government Advocate (Criminal Side) stated that a current paper enquiry is pending in C.No.H2/312/SP/Grievance/2026 and the petitioner was called only for enquiry. Held: it is for the Investigating Agency to issue appropriate notice to the petitioner under Section 35(3) of BNSS; on receipt of such notice the petitioner shall appear and co-operate in the investigation; the petitioner shall not be harassed during the course of enquiry/investigation; and if any cognizable offence is made out, the 1st respondent-police shall register an FIR and proceed in accordance with law. Petition disposed of accordingly (A.D. Jagadish Chandira, J., 11.02.2026).

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Crl.O.P.No.3243 of 2026

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 11.02.2026

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CORAM:

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

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Crl.O.P.No.3243 of 2026

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M.Shankarappa ...Petitioner

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Vs.

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The Sub-Inspector of Police, Berigai Police Station, Shoolagiri Taluk, Krishnagiri District.

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V.Ramesh ...Respondents

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Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita/Section 482 Cr.P.C, seeking to direct the 1 st respondent herein not to harass the petitioner herein based on false undated complaint.

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For Petitioner : Mr.C.Parthiban For Respondents : Mr.S.Santhosh, GA(Crl. Side), for R1

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O R D E R

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This criminal original petition has been filed seeking to direct the 1 st respondent not to harass the petitioner under the guise of enquiry.

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1/4

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.3243 of 2026

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2. When the matter was taken up for hearing, the learned

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Government Advocate (Criminal Side) appearing for the 1 st respondent, on instructions, submitted that based on the complaint given by the 2 nd respondent herein, current paper enquiry is pending in C.No.H2/312/SP/Grievance/2026 and the petitioner was called only for

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enquiry and that the 1 st respondent-police are not unnecessarily harassing the petitioner.

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3. In such circumstances, 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 co-operate in the investigation. It is made clear that the petitioner shall not be harassed during the course of enquiry/ investigation. If any cognizable offence is made out, the 1 st respondentpolice shall register a First Information Report and proceed in accordance with law.

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4. This criminal original petition stands disposed of accordingly.

11.02.2026

skt

NCC : Yes/No 2/4

https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.3243 of 2026