CRL OP No. 12776 of 2025 __________ Page1 of 7 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HON'BLE MRS.JUSTICE S.ALLI CRL OP No. 12776 of 2025 G.Subramaniam S/o Gurusamy Pillai, ..Petitioner(s) Vs 1. The Commissioner of police Coimbatore 2. State rep by The Inspector of police West Police Station, Pollachi, Coimbatore District ..Respondent(s) Prayer : This Criminal Original Petition filed under Section 528 of BNSS to issue a direction directing the 2nd respondent not to harass the petitioner under the guise of enquiry and pass such further or other orders as this Hon’ble Court may deem fit. For Petitioner(s): Mr. R.Marudhachalamurthy For Respondent(s): Mrs. R.S.Indira, Gov. Advocate(crl.side) https://www.mhc.tn.gov.in/judis CRL OP No. 12776 of 2025 __________ Page2 of 7 ORDER This Criminal Original Petition has been filed to direct the Respondent Police not to harass the petitioner under the guise of enquiry. 2. The learned counsel appearing for the petitioner would submit that the petitioner is a senior citizen and a retired Government employee, having a good reputation in society. The petitioner had filed a Pro Bono Publico petition in W.P.No.3361 of 2022 against the violators, who were running the Pawn shops in violation of the Tamil Nadu Pawn Brokers Act and Rules 1943 in his district and surrounding districts. Subsequent thereto, he received frequent threats from various pawn shop owners, asking him to withdraw the said petition. In the said circumstances, on 22.03.2022 one of the pawn brokers, namely Thiruganasambandam, came to his house, threatened him to withdraw the said public interest litigation and abused him. In this regard, the petitioner lodged a complaint against the said Thiruganasambandam, based on which a case in Crime No.120 of 2022 was registered by the 2nd respondent. As a counterblast, the said Thiruganasambandam also lodged a complaint against the petitioner. Further, the said Thiruganasambandam also lodged another complaint on 18.07.2024 and subsequently on 21.02.2025. Though the petitioner appeared before the second respondent police and submitted a detailed explanation, the second respondent has been harassing the petitioner under the guise of enquiry. https://www.mhc.tn.gov.in/judis CRL OP No. 12776 of 2025 __________ Page3 of 7 Hence, the petitioner seeks a direction to the respondent police not to harass the petitioner under the guise of enquiry. 3. The learned Government Advocate (Crl.Side) would submit that pursuant to the complaint given by one Thiruganasambandam, the petitioner was called only for an enquiry. He would further submit that the second respondent is not harassing the petitioner under the guise of enquiry. 4. Heard both sides and perused the materials available on record. 5. It is the grievance of the petitioner that the second respondent has been harassing him under the guise of enquiry/investigation and hence, has invoked the inherent powers of this Court under Section 482 of Cr.P.C. 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/enquire into these offences are legitimately exercised within the frame work of Chapter XII of the Code of Criminal Procedure. Though the Code of Criminal Procedure 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 https://www.mhc.tn.gov.in/judis CRL OP No. 12776 of 2025 __________ Page4 of 7 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 482 of the Criminal Procedure Code/528 of BNSS normally would not interfere with the enquiry or 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 enquiry or investigation is brought to its notice. 8. In the present case in hand, the petitioner has 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 petitioner may not be the same to the police officer. 9. In order to circumvent such situations, the following guidelines are issued : - a) While summoning any person for enquiry the guidelines stipulated for preliminary enquiry 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. https://www.mhc.tn.gov.in/judis CRL OP No. 12776 of 2025 __________ Page5 of 7 b) 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 summons mentioning the CSR number, date of complaint and the name of the complainant and he shall also specify the date and time for appearing before them for such enquiry/investigation. c) The minutes of the enquiry shall be recorded in the general diary/station diary/daily diary of the police station. d) The police officer shall refrain himself or herself from harassing persons called upon for enquiry. 10. Taking into consideration the age of the petitioner, the direction is issued to the respondent police that the petitioner shall not be unnecessarily harassed. With the above observations and direction, the Criminal Original Petition stands disposed of. 19-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No MRP https://www.mhc.tn.gov.in/judis CRL OP No. 12776 of 2025 __________ Page6 of 7 To 1. The Commissioner of police Coimbatore 2. The Inspector of police West Police Station, Pollachi, Coimbatore District 3. The Public Prosecutor, High Court Madras, https://www.mhc.tn.gov.in/judis CRL OP No. 12776 of 2025 __________ Page7 of 7 S.ALLI, J. MRP CRL OP No. 12776 of 2025 19-08-2026 https://www.mhc.tn.gov.in/judis