CRL OP Nos.23389 and of 2026 __________ Page1 of 8 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN CRL OP No. 23387 and 23389 of 2026 CRL OP No. 23387 of 2026 N.Mohana W/o. Naveethan, No.48, Aadhi Bagavan 2nd Cross Street, Ganesh Avenue Sakthi Nagar, Porur, Chennai-600 116. ..Petitioner(s) Vs 1. The commissioner of Police O/o. The Commissioner of Police, No.132, E VK Sampath Road, Vepery, Periyamet, Chennai-600007. 2. The Deputy Commissioner of Police O/o. The Deputy Commissioner of Police(Adayar),LB Road, Indira Nagar, Chennai-600 020. 3. The Assistant Commissioner of Police O/o. The Assistant Commissioner of Police, Anna Salai, Saidapet, Chennai-600 015. 4. The Inspector of Police O/o. Inspector of Police(Crime), 3rd Street, Ragavan Colony, Ashok Nagar, Chennai-600 083 5. Lakshmana perumal S/o. Grursamy, No.4A/1, Avvai Street, Ethir Nagar, West Manbalam, Chennai-600 033. ..Respondent(s) https://www.mhc.tn.gov.in/judis CRL OP Nos.23389 and of 2026 __________ Page2 of 8 Crl.OP.No.23389 of 2026 Perumal Harikrishnan S/o.Harikrishnan, No.4/22, Yathavar Street, South Malaiyambakkam, Kundrathur - 600 069. ..Petitioner(s) Vs 1. The State Rep by.The commissioner of Police O/o. The Commissioner of Police, No.132, E VK Sampath Road, Vepery, Periyamet, Chennai-600007. 2. The Deputy Commissioner of Police O/o. The Deputy Commissioner of Police(Adayar), LB Road, Indira Nagar, Chennai-600 020. 3. The Assistant Commissioner of Police O/o. The Assistant Commissioner of Police, Anna Salai, Saidapet, Chennai-600 015. 4. The Inspector of Police O/o. Inspector of Police(Crime), 3rd Street, Ragavan Colony, Ashok Nagar, Chennai-600 083 5. Lakshmana perumal S/o. Gurusamy, No.4A/1, Avvai Street, Ethir Nagar, West Mambalam, Chennai-600 033. ..Respondent(s) https://www.mhc.tn.gov.in/judis CRL OP Nos.23389 and of 2026 __________ Page3 of 8 CRL OP No. 23387 of 2026 Prayer: Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents not to harass the petition under the rise of investigation in the odd hours and thus render Justice. CRL OP No. 23389 of 2026 Prayer: Criminal Original Petition filed under Section 528 of BNSS, to direct the respondents not to harass the petition under the rise of investigation in the odd hours and thus render Justice. For Petitioner(s): Mr.R.Gururaj (in both Crl.OPs) For Respondent(s): Mr.R.Ganesh Kumar, Counsel for Government of Tamilnadu, (Crl.Side) for R1 to R4 (in both Crl.OPs) COMMON ORDER These petitions have been filed seeking direction to the respondents police not to harass the petitioners under the guise of enquiry. 2. The learned counsel appearing for the petitioners submits that the respondent police harassed the petitioners 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 https://www.mhc.tn.gov.in/judis CRL OP Nos.23389 and of 2026 __________ Page4 of 8 complainant against the petitioners, petition enquiry is pending on the file of the fourth respondent police 4. Heard the learned counsel appearing on either side and perused the materials placed on record. 5. It is the grievance of the petitioners that the fourth respondent police has been harassing them 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. https://www.mhc.tn.gov.in/judis CRL OP Nos.23389 and of 2026 __________ Page5 of 8 7. This Court, exercising its power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, normally would not interfere with 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 on hand, the petitioners have 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 petitioners 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. https://www.mhc.tn.gov.in/judis CRL OP Nos.23389 and of 2026 __________ Page6 of 8 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 direction, these Criminal Original Petitions stand disposed of. 19-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Vv To 1. The commissioner of Police O/o. The Commissioner of Police, No.132, E VK Sampath Road, Vepery,Periyamet, Chennai-600007. 2. The Deputy Commissioner of Police O/o. The Deputy Commissioner of Police(Adayar), LB Road, Indira Nagar, Chennai-600 020. 3. The Assistant Commissioner of Police O/o. The Assistant Commissioner of Police, Anna Salai, Saidapet,Chennai-600 015. https://www.mhc.tn.gov.in/judis CRL OP Nos.23389 and of 2026 __________ Page7 of 8 4. The Inspector of Police O/o. Inspector of Police(Crime), 3rd Street, Ragavan Colony, Ashok Nagar, Chennai-600 083 5. The Public Prosecutor, High Court of Madras, Chennai. https://www.mhc.tn.gov.in/judis CRL OP Nos.23389 and of 2026 __________ Page8 of 8 G.K.ILANTHIRAIYAN J. Vv CRL.OP.Nos. 23387 and 23389 of 2026 19-08-2026 https://www.mhc.tn.gov.in/judis