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2026 Supreme(Online)(Mad) 38623
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M. Nirmal Kumar, J
B.Sathish Babu – Appellant
Versus
State Rep.by, The Superintendent of Police, Kanchipuram District – Respondent
Criminal Original Petition
For Petitioner(s): Mr.Gokula Rao
For Respondent(s):Mr.R.Vinothraja Government Advocate (Crl.side)
Police must issue prior notice for enquiry to physically disabled persons and avoid harassment during investigation.
Headnote:The petition was filed under Section 528 of BNSS seeking directions against police harassment during enquiry into a property dispute complaint. The petitioner, a physically handicapped person, alleged undue harassment by police without due process. The court considered the petitioner's disability and submissions, directing police to issue prior notice for any necessary enquiry and prohibiting harassment during investigation. The primary issue was whether police could conduct enquiries without prior notice to a physically disabled person. The court observed that while police have authority to investigate complaints, they must respect the petitioner's physical condition and ensure enquiries are conducted lawfully without harassment. The court directed the respondent police to issue prior notice specifying the enquiry date if necessary, required petitioner cooperation upon notice, prohibited harassment, and mandated FIR registration for any cognizable offence, disposing of the petition accordingly.
| Table of Content |
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| 1. petition against police harassment in enquiry despite physical disability. (Para 1 , 2) |
| 2. court heard counsel and reviewed record. (Para 3) |
| 3. direct prior notice for enquiry, no harassment, fir if cognizable. (Para 4) |
ORDER
This Criminal Original Petition has been filed, seeking a direction to direct the respondents police not to harass the petitioner under the guise of enquiry in connection with the complaint dated 11.03.2026 given by Mr.B.Suresh Babu, except in accordance with law.
2. The only apprehension of the learned counsel for the petitioner is that the petitioner is a physically handicapped person suffering from certain disabilities. However, without considering the same, the respondent police have allegedly harassed the petitioner under the guise of enquiry relating to a property disputes.
3. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondent and also perused the materials available on record.
4. Considering the above submission made by the learned counsel on either side and also taking into account the physical disability of the petitioner, this Court directs the respondent police to issue prior notice specifying the date of enquiry, if such enquiry is absolutely necessary. Upon receipt of such notice, the petitioner shall appear before the respondent police on the specified date and co-operate with 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.
