Madras High Court
CRL OP/29725/2026 of Jayalakshmi Vs The State Rep. by, The Commissioner of Police on 14 October 2026
CRL OP No. 29725 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14-10-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
CRL OP No. 29725 of 2026
CNR: {HCMA012453002026}
Jayalakshmi
..Petitioner
Vs
1. The State Rep. by,
The Commissioner of Police
O/o. Greater Chennai Commissioner of Police, E.V.K.Sampath Salai, Vepery, Chennai.
2. The Deputy Commissioner of Police
O/o. Deputy Commissioner of Police,
E.V.K.Sampath Salai,
Vepery, Chennai.
3. The Inspector of Police
G2-Periamet Police Station,
Chennai.
..Respondents
PRAYER: Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, praying to direct the 3rd Respondent Police,
i.e. The Inspector of Police, G2-Periamet Police Station, Chennai, not to harass the Petitioner and his family members on frivolous complaint.
For Petitioner :
Mr. P.Thinesh
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 third respondent police not to harass the petitioner under the guise of enquiry.
CRL OP No. 29725 of 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 based on the complaint lodged by the defacto complainant, an enquiry was conducted and an FIR was registered in Crime No.211 of 2026, in which the petitioner has been arrayed as an accused. He further submitted that since 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. 14-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No LPP
CRL OP No. 29725 of 2026
To
1. The Commissioner of Police O/o. Greater Chennai Commissioner of Police, E.V.K.Sampath Salai, Vepery, Chennai.
2. The Deputy Commissioner of Police O/o. Deputy Commissioner of Police, E.V.K.Sampath Salai, Vepery, Chennai.
3. The Inspector of Police G2-Periamet Police Station, Chennai.
4. The Public Prosecutor High Court of Madras.
CRL OP No. 29725 of 2026
G.K.ILANTHIRAIYAN, J. LPP CRL OP No. 29725 of 2026 14-10-2026