CRL OP No. 23160 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-08-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN CRL OP No. 23160 of 2026 Ezhilrasan.H S/o. Harikrishnan, G-2, Kothaval Chavadi Street, Housing Board, West Saidapet, Chennai-600015. ..Petitioner(s) Vs 1. The State Rep. by, The Commissioner of Police The Commissionerate, Greater Chennai Police, No.132, EVK Sampath Road, Vepery, Chennai-600007. 2. The Inspector of Police R6 Kumaran Nagar Police Station, 3rd Street, Ragavan Colony, Mettupalyaam, Ashok Nagar, Chennai-600083. ..Respondent(s) Prayer: Criminal Original Petition filed under Section 528 of BNSS, to issue a direction,directing the Respondents No.2 to not to harass the Petitioner and his family in guise of enquiry without following any due process of law,by considering the Petitioners representation dt.06.08.2026 and pass any further order or orders as this Honble Court may deem fit and proper under the circumstances of the case and thus render justice. For Petitioner(s): Mr.Kabilan I V For Respondent(s): Mr.R.Ganesh Kumar, Counsel for Government of Tamilnadu, (Crl.Side) for R1 and R2 https://www.mhc.tn.gov.in/judis CRL OP No. 23160 of 2026 __________ Page2 of 6 ORDER This petition has been filed seeking direction to the respondent police not to harass the petitioner 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 complainant against the petitioners, enquiry is pending on the file of the second 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 petitioner that the second 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. https://www.mhc.tn.gov.in/judis CRL OP No. 23160 of 2026 __________ Page3 of 6 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 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 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 petitioners may not be the same to the police officer. https://www.mhc.tn.gov.in/judis CRL OP No. 23160 of 2026 __________ Page4 of 6 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. 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, the Criminal Original Petition stands disposed off. 19-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No Vv https://www.mhc.tn.gov.in/judis CRL OP No. 23160 of 2026 __________ Page5 of 6 To 1. The Commissioner of Police The Commissionerate, Greater Chennai Police, No.132, EVK Sampath Road, Vepery, Chennai-600007. 2. The Inspector of Police R6 Kumaran Nagar Police Station, 3rd Street, Ragavan Colony, Mettupalyaam, Ashok Nagar, Chennai-600083. 3. The Public Prosecutor, High Court of Madras, Chennai. https://www.mhc.tn.gov.in/judis CRL OP No. 23160 of 2026 __________ Page6 of 6 G.K.ILANTHIRAIYAN, J. Vv CRL OP No. 23160 of 2026 19-08-2026 https://www.mhc.tn.gov.in/judis