C.K.Sriram v. The State Rep. By, the Inspector of Police

ORDER This petition has been filed seeking a direction to the respondents police not to harass the petitioners under the guise of enquiry. Page2 of 5

¶2The learned counsel appearing for the petitioners submitted that based on the complaint lodged by the defacto complainant, the respondents police harassed the petitioners under the guise of enquiry.

¶3The learned Counsel for Government of Tamil Nadu (Criminal Side) appearing for the respondents police submits that on the complaint given by the defacto complainant against the petitioners, petition enquiry is pending.

¶4Heard the learned counsel appearing on either side and perused the materials placed on record.

¶5It is the grievance of the petitioners that the respondents police have 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.

¶6An 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. Page3 of 5

¶7This 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.

¶8In the present case in hand, the petitioners have 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 petitioners may not be the same to the police officer.

¶9In 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. Page4 of 5 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.

¶10With the above observations and direction, the Criminal Original Petition stands disposed off. 13-08-2026 Index: Yes/No Speaking/Non-speaking order LPP

¶1The Inspector of Police Thazhambur Police Station, Chennai.

¶2The Inspector of Police Hazratganj Kotwali Station, Lucknow, Uttar Pradesh.

¶3The Public Prosecutor, High Court, Madras. CRLoOPoNo.o22506oofo2026 G.K.ILANTHIRAIYANoJ. LPP CRLoOPoNo.o22506oofo2026 13-08-2026 Page5oofo5

Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 13-08-2026 CORAM THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN 1. C.K.Sriram 2. C.R.Krishnamoorthy ..Petitioners Vs 1. The State Rep. by, The Inspector of Police Thazhambur Police Station, Chennai. 2. State Rep. by Inspector of Police Hazratganj Kotwali Station, Lucknow, Uttar Pradesh. ..Respondents Prayer : Criminal Original Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to directed the 2nd Respondent not to harass the Petitioners through the 1st Respondent. For Petitioners: Mr.R.Rajan For Respondents Mr.R.Ganesh Kumar Counsel for Government of Tamil Nadu (Criminal Side)