Madras High Court
CRL OP/30428/2026 of Palanivel Vs The Commissioner of Police on 16 October 2026
CRL OP No. 30428 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-10-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
CRL OP No. 30428 of 2026
CNR: {HCMA012392662026}
Palanivel
..Petitioner
Vs
1. The Commissioner of Police
Salem City,
Salem District.
2. The Inspector of Police
Karuppur Police Station,
Salem District.
..Respondents
PRAYER: This Criminal Original Petition is filed under 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the 2nd respondent not to harass the petitioner under the of investigation except due process of law.
For Petitioner:
Mr.C.Deepak Kumar
For Respondents:
Mr.R.Ganesh Kumar,
Additional Public Prosecutor
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ORDER
This Criminal Original Petition has been filed seeking a direction to the respondent police not to harass the petitioner in connection with Crime No. 156 of 2022 pending on the file of Respondent Police.
2. The learned counsel appearing for the petitioner submits that the respondent police harassed the petitioner under the guise of enquiry.
( Uploaded on: 26/10/2026 06:10:37 pm )
CRL OP No. 30428 of 2026
3. The learned Additional Public Prosecutor appearing for the respondent police submits that the police called the petitioner for enquiry in the pending FIR in Crime No.156 of 2022 and further states that the petitioner is a history-sheeter. The case where the FIR is pending against the petitioner, there is no scope for this Court to entertain the petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, under the caption "Not to harass".
4. Heard the learned Counsel appearing on either side and perused the materials placed on record.
5. Under such circumstances, once the regular FIR has been registered, the question of “Not to harass” will not arise. Any direction issued by this Court at this stage will amount to interfering with the investigation conducted by the respondent police. Hence, this Criminal Original petition is dismissed. 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No LPP/PSK
( Uploaded on: 26/10/2026 06:10:37 pm )
CRL OP No. 30428 of 2026
To
1. The Commissioner of Police Salem City, Salem District.
2. The Inspector of Police Karuppur Police Station, Salem District.
3. The Public Prosecutor High Court of Madras, Chennai.
( Uploaded on: 26/10/2026 06:10:37 pm )
CRL OP No. 30428 of 2026
G.K.ILANTHIRAIYAN, J. LPP/PSK CRL OP No. 30428 of 2026 16-10-2026
( Uploaded on: 26/10/2026 06:10:37 pm )