Madras High Court
CRL OP/29610/2026 of R.Devaraj Vs The State Rep by The District Superintendent of Po on 13 October 2026
CRL OP No. 29610 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13-10-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
CRL OP No. 29610 of 2026
CNR: {HCMA012404222026}
R.Devaraj
S/o Ramanayakar,
No.1/46, Chinnanayakanur,
Oricheriputhur,
Bhavani,
Oricheri,
Erode District.
..Petitioner(s)
Vs
1. The State Rep by The District Superintendent of Police District Police Office, Pannerselvam Park, Erode.
2. The Inspector of Police
Appakudal Police Station,
Erode.
3. The Joint Director of Rural and Medical Health Services Collectorate Campus, Old Building, 2nd Floor, Erode, Erode District.
..Respondent(s)
Prayer: This petition is filed under section 528 of BNSS directing the 2nd Respondent herein Not to Harass the petitioner under the guise of enquiry and pass such further or other orders as this Honourable Court may deem fit and proper in the circumstances of this Case
CRL OP No. 29610 of 2026
For Petitioner(s):
Mr.T.V.Paarkavi
For Respondent(s):
Mr.R.Ganesh Kumar, Additional Public Prosecutor
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ORDER
This petition is filed seeking a direction to the second respondent not to harass the petitioner under the guise of enquiry
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.201 of 2015. 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.
CRL OP No. 29610 of 2026
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.
6. Recording the submission made by the learned Additional Public Prosecutor, this Criminal Original Petition is dismissed. 13-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SMN To.
1. The District Superintendent of Police District Police Office,Pannerselvam Park, Erode.
2. The Inspector of Police Appakudal Police Station,Erode.
3. The Joint Director of Rural and Medical Health Services Collectorate Campus,Old Building, 2nd Floor,Erode,Erode District.
4. The Public Prosecutor, High Court, Madras
CRL OP No. 29610 of 2026
G.K.ILANTHIRAIYAN, J. SMN CRL OP No. 29610 of 2026 13-10-2026