##PAGE1##

IN THE HIGH COURT OF JUDICATURE AT MADRAS ORDERS RESERVED ON: 25-09-2026 PRONOUNCED ON : 30-10-2026 CORAM THE HONOURABLE MR JUSTICE M.NIRMAL KUMAR CRL OP No. 6617 of 2026 and Crl.M.P.No.4860 of 2026 CNR: {HCMA010566142026}

R.D.Santhanakrishnan ... Petitioner / Accused Vs State rep. By Inspector of Police, Crime Branch CID., Egmore, Chennai. ... Respondent / Complainant Prayer: Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records in Spl.S.C.No.326 of 2025, on the file of the Mahila Court, Allikulam, Chennai and quash the same.

For Petitioners : Mr.R.C.Paul Kanagaraj For Respondent : Mr.R.Rajasekaran Govt.Advocate (Crl.side)

O R D E R

This Criminal Original Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), to call for the records in Spl.S.C.No.326 of 2025 on the file of the Mahila Court, Allikulam, Chennai, and to quash the same.

2. The petitioner is the sole accused in Spl.S.C.No.326 of 2025, which arises out of Crime No.13 of 2021, registered by the respondent, Cyber Crime Cell, Crime Branch CID, Egmore, Chennai. He stands charged for the offences under Sections 228, 292(2)(a), 294(a), 354A and 370(2) of the Indian Penal Code, 1860 (“IPC”), Section 4 of the Tamil Nadu Prohibition of Harassment of Woman Act, 1998 (“TNPHW Act”) and Section 67A of the Information Technology Act, 2000 (“IT Act”). Subsequently, in respect of the alleged obscene video, the person, who transmitted through social media is not traceable so far, the offence under Section 292(2)(a) IPC is dropped.

3. The case of the prosecution, in brief, are as follows:-

(i) On 20.12.2021, a video clipping showing the online proceedings of Court Hall No.11 of this Court, in which a male participant seen engaged in an erotic act with a woman, went viral on social media. The Division Bench took suo motu cognizance and, by order dated 21.12.2021 in Suo Motu Crl.Contempt Petition No.1699 of 2021, directed the CB-CID to register a suo motu FIR and to name the persons seen in the clipping. Pursuant to the memorandum of the Director General of Police, CB-CID, in Rc.No.Crime II(1)/18772/2021 dated 21.12.2021, the respondent registered Crime No.13 of 2021, on 22.12.2021, on the suo motu report of one U.M.Avinash, Sub- Inspector of Police, for the offences under Sections 228, 292(2)(a) and 294(a) IPC and Section 67A of the IT Act, against unknown persons.

4.The Registrar (IT-cum-Statistics) of this Court furnished a Compact Disc containing the clipping, which downloaded from the forwarded video circulating on WhatsApp, together with the cause list, the participant log-in details and a Certificate under Section 65-B of the Indian Evidence Act, 1872. The Bar Council of Tamil Nadu and Puducherry provided the enrolment particulars of the petitioner, an Advocate, enrolled as No.MS.3907/2011, and informed that he had been prohibited from practicing by Resolution, dated 21.12.2021. The woman seen in the clipping, aged about 20 years, was identified. Her identity is withheld in this order and she is referred to as “X”, and her mother as “Y”, in the manner adopted by the Division Bench in the contempt proceedings.

5. According to the final report, the petitioner, who was in his office at Ayanavaram, Chennai, logged into the Microsoft Teams video conference of Court Hall No.11 on his laptop. At about 15.00 hours on 20.12.2021, he called “X”, who was working as an Office Assistant and in domestic work at his residence, near him and engaged in the act. He sexually harassed “X”, and that prior to the occurrence he used the financial condition of the family of “X” to his advantage and exploited her sexually by offering money, a new dress and food, and she was subjected to physical and sexual exploitation several times.

6.The statement of “X” was recorded on 28.12.2021 under Section 164 Cr.P.C. by the learned XI Metropolitan Magistrate, Said