Varadhan vs State rep.by
- Court
- Madras High Court
CRL OP No. 15130 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-10-2026
CORAM
THE HON'BLE MR JUSTICE G.K. ILANTHIRAIYAN
CRL OP No. 15130 of 2026
CNR: {HCMA011261202026}
1. Varadhan
S/o. Munusamy,
Middle Street,
Mudukarai Village,
Puthu Manapakkam Post,
Madurantakam Taluk,
Chengalpattu District.
2. V.Suresh
S/o. Varadhan,
No.1/2, Eswaran Koil Street,
Eswaran Nagar, Melpakkam,
Veeraraghavapuram,
Tiruvallur District.
3. V.Ramesh
S/o. Varadhan,
No.136, Middle Street,
Mudukarai Village,
Puthu Manapakkam Post,
Madurantakam Taluk,
Chengalpattu District.
4. V.Vijayan
S/o. Varadhan,
No.23, Middle Street,
Mudukarai Village,
Puthu Manapakkam Post,
Madurantakam Taluk,
Chengalpattu District.
__________
Page1 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/10/2026 04:39:29 pm )
CRL OP No. 15130 of 2026
5. S.Sathiya
W/o. Udayakumar,
No.62, Indira Nagar,
Madurantakam Taluk,
Chengalpattu District.
6. S.Saranya, D/o. Selvaraj,
No.62, Car Street,
Madurantakam Taluk,
Chengalpattu District.
7. S.Kannan, S/o. Selvaraj,
No.92, Car Street,
Madurantakam Taluk,
Chengalpattu District.
..Petitioner(s)
Vs
1. State rep.by
The Superintendent of Police,
Chengalpattu District.
2. The Inspector of Police
District Crime Branch -II,
Chengalpattu District.
3. Vijay Anand
S/o.Balasundaram,
D.No.II, Perumal Ollam,
Annai Sathya Nagar 1st Street,
Nesapakkam, KK Nagar West, Chennai.
..Respondent(s)
PRAYER: Criminal Original Petition is filed under Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023 To directing the second respondent
herein not to harass the petitioner in the guise of enquiry on the basis of the
representation dated 03.06.2026 made to the first respondent herein.
__________
Page2 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/10/2026 04:39:29 pm )
CRL OP No. 15130 of 2026
For Petitioner(s): Mr.G.Mageshkumar
For Respondent(s): Mr.A.Amarnath,
Additional Public Prosecutor for R1 & R2
*
ORDER
This petition has been filed seeking direction to the second respondent
herein not to harass the petitioner in the guise of enquiry on the basis of the
representation dated 03.06.2026 made to the first respondent herein.
2. The learned counsel appearing for the petitioner submits that the
respondent police harassed the petitioners under the guise of enquiry.
3. The learned Additional Public Prosecutor, appearing for the
respondent police 1 and 2 submits that on the complaint given by the defacto
complainant against the petitioners, petition enquiry is pending on the file of the
respondent police
4. Heard the learned counsel appearing on either side and perused the
materials placed on record.
__________
Page3 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/10/2026 04:39:29 pm )
CRL OP No. 15130 of 2026
5. It is the grievance of the petitioners that the respondent 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.
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.
__________
Page4 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/10/2026 04:39:29 pm )
CRL OP No. 15130 of 2026
8. In 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.
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.
__________
Page5 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/10/2026 04:39:29 pm )
CRL OP No. 15130 of 2026
10. With the above observations and direction, the Criminal Original
Petition stands disposed of.
15-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
RNA
To
1. The Superintendent of Police,
Chengalpattu District.
2. The Inspector of Police
District Crime Branch -II,
Chengalpattu District.
3. The Public Prosecutor,
High Court, Madras.
__________
Page6 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/10/2026 04:39:29 pm )
CRL OP No. 15130 of 2026
G.K.ILANTHIRAIYAN, J.
RNA
CRL OP No. 15130 of 2026
15-10-2026
__________
Page7 of 7
https://www.mhc.tn.gov.in/judis ( Uploaded on: 21/10/2026 04:39:29 pm )