Madras High Court
CRL OP/30181/2026 of S.Devi Vs The State Rep. by, The Commissioner of Police on 15 October 2026
CRL OP No. 30181 of 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. 30181 of 2026
CNR: {HCMA012498452026}
S.Devi
W/o M.Santhosh Kumar,
No.97/209, Natesan Street,
Mylapore, Chennai.
..Petitioner(s)
Vs
1. The State Rep. by, The Commissioner of Police Greater Chennai Corporation, Veppery, Chennai.
2. The Inspector of Police
R-8, Vadapalani Police Station,
Chennai.
3. Mageswari
W/o Suresh,
No.13/22, B.E.Colony 5th Street,
Kodambakkam, Chennai.
..Respondent(s)
Prayer: This petition is filed under section 528 of BNSS to direct the3 1st and 2nd Respondents to ensure a fair,impartial and lawful enquiry into the complaints and allegations concerning the Petitioner and the 3rd Respondent,duly consider the relevant documentary evidence,comply with the applicable directions of the competent Court and thus render justice.
For Petitioner(s):
Mr.G Sathya Narayanan
For Respondent(s):
Mr.R.Ganesh Kumar, Additional Public Prosecutor ( Crl side) For R1 And R2
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CRL OP No. 30181 of 2026
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ORDER
This petition has been filed seeking direction to the respondent police not to harass these petitioner under the guise of enquiry.
2. The learned counsel appearing for the petitioners submits that the respondent police harassed the petitioner under the guise of enquiry.
3. The learned Additional Public Prosecutor (Crl. Side) appearing for the respondent police submits that the XVII Metropolitan Magistrate court, Saidapet, Chennai, has ordered for preliminary Enquiry in Crl.M.P.No.3901 of 2026 and the same is pending.
4. Heard the learned counsel appearing on either side and perused the materials placed on record.
5. It is the grievance of the petitioner 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.
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CRL OP No. 30181 of 2026
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 petitioner had 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.
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CRL OP No. 30181 of 2026
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 off. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SMN
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CRL OP No. 30181 of 2026
To.
1. The Commissioner of Police Greater Chennai Corporation, Veppery, Chennai.
2. The Inspector of Police R-8, Vadapalani Police Station, Chennai.
3. The Public Prosecutor, High Court, Madras
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CRL OP No. 30181 of 2026
G.K.ILANTHIRAIYAN, J. SMN CRL OP No. 30181 of 2026 15-10-2026
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