Crl.O.P.No. 26423 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.02.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 26423 of 2024 Nagooran ... Petitioner Vs. 1. The State Rep. by The Commissioner of Police – Tambaram, O/o. The Commissioner of Police – Tambaram, Tambaram. 2. The State Rep. by, The Inspector of Police, Central Crime Branch, Team-IV, Tambaram. ... Respondents Prayer: Criminal Original petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the second respondent police not to harass the petitioner. For Petitioners : Mr.D.Senthil Kumar For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl. Side) https://www.mhc.tn.gov.in/judis Crl.O.P.No. 26423 of 2024 O R D E R This petition has been filed seeking direction to the respondent police not to harass the petitioner in connection with Crime No.Not known of 2025, pending on the file of Respondent Police. 2. The learned counsel appearing for the petitioner submits that the respondent police harassed the petitioner under the guise of enquiry. 3. The learned Government Advocate (Crl. Side) appearing for the respondent police submits that on the complaint given by the defacto complainant against the petitioner, petition enquiry is pending in C.No.38/DC-DDB-TBM/Chief Office/2023 on the file of the second respondent police 4. Heard the learned counsel appearing on either side and perused the materials placed on record. Page 2 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No. 26423 of 2024 5. It is the grievance of the petitioner that the respondent police have been harassing him under the guise of an enquiry/investigation and hence, has invoked the inherent powers of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. 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/enquiry into these offences are legitimately exercised within the frame work of Chapter XIII of the Bharatiya Nagarik Suraksha Sanhita, 2023. Though the Sanhita 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 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 528 of the Bharatiya Nagarik Suraksha Sanhita, normally would not interfere with https://www.mhc.tn.gov.in/judis Crl.O.P.No. 26423 of 2024 the 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 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 seeks 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 named in the complaint or any witness to the incident complained of, the police officer shall summon such person through a written summon under Section 179 of the Bharatiya Nagarik Suraksha Sanhita, specifying a particular date and time for appearing before them for such an enquiry/investigation. b)The minutes of the enquiry shall be recorded in the general diary/station diary/daily diary of the police station. Page 4 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No. 26423 of 2024 c)The police officer shall refrain himself or herself from harassing persons called upon for enquiry/investigation. d)The guidelines stipulated for preliminary enquiry or registration of FIR 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. 10. With the above observations and directions, the Criminal Original Petition stands disposed off. 03.02.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order rts https://www.mhc.tn.gov.in/judis Crl.O.P.No. 26423 of 2024 G.K.ILANTHIRAIYAN, J. To 1. The Commissioner of Police – Tambaram, O/o.The Commissioner of Police – Tambaram, Tambaram. 2. The Inspector of Police, Central Crime Branch, Team-IV, Tambaram. 3. The Public Prosecutor, High Court, Madras. Crl.O.P.No. 26423 of 2024 03.02.2025 https://www.mhc.tn.gov.in/judis