M.G.Ragunath v. The Inspector General of Police

ORDER This writ petition has been filed praying to issue a direction to respondents 1 to 3 to consider the petitioner's representation dated

14.05.2026 and consequently to direct respondents 4 and 5 not to harass the petitioner in view of the false complaint in connection with the huge money transactions taken from his current account to various accounts

¶2Heard the learned counsel appearing on either side and perused all the materials placed before this Court.

¶3It is the grievance of the petitioner that the respondents police have been harassing him under the guise of an enquiry/investigation in view of a false complaint in connection with the huge money transactions taken from his current account to various accounts and hence, has invoked the inherent powers of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

¶4An 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.

¶5This 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.

¶6In 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.

¶7In 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.

¶8With the above observations and direction, the writ petition stands disposed of. There shall be no order as to costs.

24.06.2026 Index : Yes/No : Yes/No Speaking/non-speaking order lok

G.K.ILANTHIRAIYAN, J. lok To

1.The Inspector General of Police, Office of the Inspector General of Police (West Zone), Chennai District.

2.The Superintendent of Police, Krishnagiri, Krishnagiri District.

3.The Superintendent of Police Tiruppur, Tiruppur District.

4.The Inspector of Police, Cyber Crime Police Station, Krishnagiri, Krishnagiri District.

5.The Inspector of Police Cyber Crime Police Station, Tiruppur City, Tiruppur District.

6.The Public Prosecutor, High Court of Madras WP

. Crl.

No.

1403

of 202

24.06.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.06.2026 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN WP.Crl.No.1403 of 2026 M.G.Ragunath ... Petitioner Vs. 1.The Inspector General of Police, Office of the Inspector General of Police (West Zone), Chennai District. 2.The Superintendent of Police, Krishnagiri, Krishnagiri District. 3.The Superintendent of Police Tiruppur, Tiruppur District. 4.The Inspector of Police, Cyber Crime Police Station, Krishnagiri, Krishnagiri District. 5.The Inspector of Police Cyber Crime Police Station, Tiruppur City, Tiruppur District. ... Respondents Prayer: Writ Petition(Crl.) filed under Article 226 of Constitution of India praying to issue a Writ of Mandamus directing the respondents 1 to 3 to consider the petitioner's representation dated 14-5-2026 and consequently directing the respondents 4 and 5 not to harass the petitioner in view of the false complaint in connection with the huge money transactions taken from his current account to various accounts For Petitioner : Mr.E.Kannadasan For Respondents : Mr.R.Ganesh Kumar, Counsel for Government of Tamil Nadu (Criminal Side)