Crl.OP.No.31837 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.11.2025 CORAM: THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.OP.No.31837 of 2025 Sithi Javahira ...Petitioner Vs. 1. State rep. by, The Commissioner of Police, Office of the Commissioner of Police, Chennai City, Opposite to Dhinathanthi Office, E.V.K. Sampath Road, Veppery, Chennai – 600 007. 2. Assistant Commissioner of Police, Office of Assistant Commissioner of Police, Nungambakkam, Valluvar Kottam High Road, Ponnanjupuram, Nungambakkam, Chennai – 600 034. 3. The Inspector of Police, F-3 Nungambakkam Police Station, Valluvar Kottam High Road, Ponnanjupuram, Nungambakkam, Chennai – 600 006. ...Respondents Criminal Original Petition filed under Section 528 of BNSS, 2023, to direct the respondents to not to harass the petitioner in the guise of investigation in any manner without adopting due process. 1/6 https://www.mhc.tn.gov.in/judis Crl.OP.No.31837 of 2025 For Petitioner : Mr.G.Karuppasamy Pandian For Respondents : Mr.K.M.D.Muhilan, Addl. Public Prosecutor ORDER This criminal original petition has been filed seeking to direct the respondents not to harass the petitioner under the guise of enquiry. 2. The case of the petitioner is that under the pretext of conducting an enquiry in connection with the alleged confession made by some of the accused persons as against the petitioner’s youngest son, the respondents are unnecessarily harassing the petitioner. Aggrieved by the same, the petitioner made a representation before the respondents on 04.10.2025, seeking not to harass the petitioner as well as her family members, which evoked no response. Hence, this petition. 3. Learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that the respondents are conducting enquiry after following due process of law and that the petitioner was called 2/6 https://www.mhc.tn.gov.in/judis Crl.OP.No.31837 of 2025 only for enquiry. 4. In such circumstances, it is for the Investigating Agency to issue appropriate notice to the petitioner under Section 35(3) of BNSS for enquiry and on receipt of such notice, the petitioner shall appear for enquiry and co- operate in the investigation. It is made clear that the petitioner shall not be harassed during the course of enquiry. If any cognizable offence is made out, the respondent police shall register a First Information Report and proceed in accordance with law. 5. Accordingly, this criminal original petition stands disposed of. 24.11.2025 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No 3/6 https://www.mhc.tn.gov.in/judis Crl.OP.No.31837 of 2025 To: 1. The Commissioner of Police, Office of the Commissioner of Police, Chennai City, Opposite to Dhinathanthi Office, E.V.K. Sampath Road, Veppery, Chennai – 600 007. 2. Assistant Commissioner of Police, Office of Assistant Commissioner of Police, Nungambakkam, Valluvar Kottam High Road, Ponnanjupuram, Nungambakkam, Chennai – 600 034. 3. The Inspector of Police, F-3 Nungambakkam Police Station, Valluvar Kottam High Road, Ponnanjupuram, Nungambakkam, Chennai – 600 006. 4. The Public Prosecutor, Madras High Court. 4/6 https://www.mhc.tn.gov.in/judis Crl.OP.No.31837 of 2025 M.NIRMAL KUMAR, J. skt Crl.OP.No.31837 of 2025 5/6 https://www.mhc.tn.gov.in/judis Crl.OP.No.31837 of 2025 24.11.2025 6/6 https://www.mhc.tn.gov.in/judis