Madras High Court
CRL OP/30278/2026 of M/s Moon Shine Alco Care Foundation Vs The State Rep by The Commissioner of Police on 15 October 2026
CRL OP No. 30278 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. 30278 of 2026
CNR: {HCMA012519642026}
M/s Moon Shine Alco Care Foundation
De-Addiction cum Rehabilitation Centre,
Represented by its Manager,
Selvaprabhu,,
Plot No.1, V.G.P.Nagar,
1st Main Road,
Survey No.146/4, Sembakkam,
Tambaram Taluk,
Chengalpattu District.
..Petitioner(s)
Vs
1. The State Rep by The Commissioner of Police Tambaram Police Commissionerate, Tambaram, Chennai.
2. The Inspector of Police
T-12, Selaiyur Police Station,
Tambaram,
Chennai.
..Respondent(s)
Prayer: This petition is filed under section 528 of BNSS to direct the 2nd Respondent Not to Harass the petitioner except due to process of law and pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of the case.
For Petitioner(s):
Mr.K.Thenrajan
For Respondent(s):
Mr.R.Ganesh Kumar, Additional Public
Prosecutor ( Crl side)
CRL OP No. 30278 of 2026
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ORDER
This petition is filed seeking a direction to the first respondent not to harass the petitioner based on his representation dated 10.10.2026
2. The learned counsel appearing for the petitioner submits that the respondent police harassed the petitioner under the guise of enquiry.
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 Cr.No.506 of 2026. The case where the FIR is pending against the petitioners, 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.
CRL OP No. 30278 of 2026
3. Recording the submission made by the learned Additional Public Prosecutor, this Criminal Original Petition is dismissed. 15-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SMN To.
1. The Commissioner of Police Tambaram Police Commissionerate, Tambaram,Chennai.
2. The Inspector of Police T-12, Selaiyur Police Station, Tambaram,Chennai.
3. The Public Prosecutor, High Court, Madras
CRL OP No. 30278 of 2026
G.K.ILANTHIRAIYAN, J. SMN CRL OP No. 30278 of 2026 15-10-2026