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2026 Supreme(Online)(Mad) 16877

IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D. JAGADISH CHANDIRA, J
T. Selvam – Appellant
Versus
The Commissioner of Police, Tambaram Police Commissionerate – Respondent
Criminal Original Petition



Advocates:
For the Appellants/Petitioners: Mr. K.V. Muthu Visakan
For the Respondents:Mr. S. Santhosh Government Advocate (Criminal Side)

The court clarified the limitations on police conduct during enquiries to protect petitioner rights.

Headnote:The petition was filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, seeking protection from police harassment in an ongoing enquiry related to a civil dispute. The court noted the necessity for the Investigating Agency to issue proper notices and mandated that the petitioner should not be harassed during the enquiry process. The court disposed of the petition accordingly.

Table of Content
1. petition filed to prevent police harassment. (Para 1 , 2)
2. arguments regarding the ongoing enquiry. (Para 3)
3. court observations on the conduct of the police. (Para 4)
4. final decision on the petition. (Para 5)

O R D E R

The present Criminal Original Petition has been filed seeking a direction to the respondent police not to harass the petitioner under the guise of enquiry.

2. The case of the petitioner is that under the pretext of conducting an enquiry in connection with the existing civil dispute with one Vijayakumar, the respondent Police are unnecessarily harassing him.

3. Learned Government Advocate (Criminal Side), on instructions, submitted that based on the complaint given against the petitioner, petition enquiry is pending in current paper on the file of the respondent police and that the petitioner was called only for enquiry and was not harassed during the enquiry.

4. Such being the position, it is for the Investigating Agency to issue appropriate notice to the petitioner under Section 35(3) of BNSS for enquiry and on receipt of such notice, the petitioner shall appear for enquiry and co-operate in the investigation. It is made clear that the petitioner shall not be harassed during the course of enquiry. If any cognizable offence is made out, the respondent Police shall register a First Information Report and proceed in accordance with law.

5. Accordingly, this Criminal Original Petition stands disposed of.

26.02.2026 Neutral Citation: Yes/No AT To

1.The Commissioner of Police, Tambaram Police Commissionerate.

2.The Assistant Commissioner of Police, Manimangalam Range, Tambaram Police Commissionerate.

3.The Inspector of Police, Manimangalam Police Station, Kancheepuram District. 4.The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA, J.

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