Madras High Court
CRL OP/15130/2026 of Varadhan Vs State rep.by on 15 October 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-10-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
CRL OP No. 15130 of 2026
CNR: {HCMA011261202026}
1. Varadhan
S/o. Munusamy,
Middle Street,
Mudukarai Village,
Puthu Manapakkam Post,
Madurantakam Taluk,
Chengalpattu District.
2. V.Suresh
S/o. Varadhan,
No.1/2, Eswaran Koil Street,
Eswaran Nagar, Melpakkam,
Veeraraghavapuram,
Tiruvallur District.
3. V.Ramesh
S/o. Varadhan,
No.136, Middle Street,
Mudukarai Village,
Puthu Manapakkam Post,
Madurantakam Taluk,
Chengalpattu District.
4. V.Vijayan
S/o. Varadhan,
No.23, Middle Street,
Mudukarai Village,
Puthu Manapakkam Post,
Madurantakam Taluk,
Chengalpattu District.
5. S.Sathiya
W/o. Udayakumar,
No.62, Indira Nagar,
Madurantakam Taluk,
Chengalpattu District.
6. S.Saranya, D/o. Selvaraj,
No.62, Car Street,
Madurantakam Taluk,
Chengalpattu District.
7. S.Kannan, S/o. Selvaraj,
No.92, Car Street,
Madurantakam Taluk,
Chengalpattu District.
..Petitioner(s)
Vs
1. State rep.by
The Superintendent of Police,
Chengalpattu District.
2. The Inspector of Police
District Crime Branch -II,
Chengalpattu District.
3. Vijay Anand
S/o.Balasundaram,
D.No.II, Perumal Ollam,
Annai Sathya Nagar 1st Street,
Nesapakkam, KK Nagar West, Chennai.
..Respondent(s)
PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 To directing the second respondent herein not to harass the petitioner in the guise of enquiry on the basis of the representation dated 03.06.2026 made to the first respondent herein.
For Petitioner(s):
Mr.G.Mageshkumar
For Respondent(s):
Mr.A.Amarnath,
Additional Public Prosecutor for R1 & R2
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ORDER
This petition has been filed seeking direction to the second respondent herein not to harass the petitioner in the guise of enquiry on the basis of the representation dated 03.06.2026 made to the first respondent herein.
2. The learned counsel appearing for the petitioner submits that the respondent police harassed the petitioners under the guise of enquiry.
3. The learned Additional Public Prosecutor, appearing for the respondent police 1 and 2 submits that on the complaint given by the defacto complainant against the petitioners, petition enquiry is pending on the file of the respondent police
4. Heard the learned counsel appearing on either side and perused the materials placed on record.
5. It is the grievance of the petitioners that the respondent police have been harassing them under the guise of an enquiry/investigation and hence, has invoked the inherent powers of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
6. An enquiry into a non cognizable offence or a cognizable offence is the unfettered powers of the Investigation Officers so long as the power to investigate/enquiry into these offences are legitimately exercised within the frame work of Chapter XIII of the Bharatiya Nagarik Suraksha Sanhita, 2023. Though the Sanhita empowers the Magistrate to be a guardian in all the stages of the police investigation, there is no power envisaging him to interfere with the actual investigation or the mode of investigation. It is in this background that numerous petitions complaining of harassment are being reported and filed before this Court seeking for directions to refrain the police officials from harassing the persons named in a complaint.
7. This Court, exercising its power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, normally would not interfere with the investigation conducted by a police officer. Nevertheless, it would also not turn a blind eye to instances of harassment by the police under the guise of investigation is brought to its notice.
8. In the present case in hand, the petitioners have complained of harassment by the police based on a complaint and seek for this Court's intervention by way of a direction. The term 'harassment' by itself has a very wide meaning and hence, what could be harassment to the petitioners may not be the same to the police officer.
9. In order to circumvent such situations, the following guidelines are issued:
a) While summoning any person named in the complaint or any witness to the incident complained of, the police officer shall summon such person through a written summon under Section 179 of the Bharatiya Nagarik Suraksha Sanhita, specifying a particular date and time for appearing before them for such an enquiry/investigation. b)The minutes of the enquiry shall be recorded in the general diary/station diary/daily diary of the police station. c)The police officer shall refrain himself or herself from harassing persons called upon for enquiry/investigation. d)The guidelines stipulated for preliminary enquiry or registration of FIR by the Hon'ble Supreme Court in Lalita Kumari Vs. Government of Uttar Pradesh and others [2014 (2) SCC (1)] shall be strictly adhered to.
10. With the above observations and direction, the Criminal Original Petition stands disposed of. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No RNA To
1. The Superintendent of Police, Chengalpattu District.
2. The Inspector of Police District Crime Branch -II, Chengalpattu District.
3. The Public Prosecutor, High Court, Madras.
G.K.ILANTHIRAIYAN, J. RNA CRL OP No. 15130 of 2026 15-10-2026