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Madras High CourtCRL OP/9509/2026disposed of

S. Mythili v. The State Rep By The Commissioner Of Police

2026-04-16Honourable Mr Justice M. Nirmal Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-04-2026

CORAM

THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR S.Mythili Petitioner(s) Vs

1. The Commissioner of Police, Avadi Police Commissionerate, Avadi, Chennai 600 054.

2.The Deputy Commissioner of Police, Avadi Police Commissionerate, Avadi, Chennai 600 054.

3.The Assistant Commissioner of Police Avadi, Chennai 600 054.

4.The State rep by The Inspector of Police (Crime), T-6, Avadi Police Station, Avadi, Chennai 600 054.

5.Kavitha Rani Sub Inspector of Police (Crime ), T-6, Avadi Police Station, Avadi, Chennai 600 054.

Respondent(s) PRAYER: Criminal Original Petition filed under Section 528 of BNSS, 2023, to direct the 5th respondent to not to Harass the petitioner herein afterwards in respect of the false complaint lodged by Chitra/Mangammal on the basis of the Petitioner's representation dated 23.03.2026 made to the 1st respondent and the copies of the same sent to the other Respondents on merits in accordance with law and render justice.

For Petitioner(s):

Mr.R.Krishnamurthy For Respondent(s):

Mr.R.Vinoth Raja Government Advocate (Crl. Side) for R1 to R4

ORDER

This Criminal Original Petition has been filed, seeking a direction to the 5th respondent not to harass the petitioner hereafter in respect of the complaint lodged by Chitra/Mangammal on the basis of the Petitioner's representation dated 23.03.2026 made to the 1st respondent and for forwarding copies of the same to the other respondents to consider the matter on merits in accordance with law.

2. Heard both sides and perused the materials available on record.

3. The contention of the petitioner is that without following the statutory provisions and without issuing summons, the petitioner was called upon for enquiry which amounts to harassment. Further, it is submitted that during the course of enquiry, the petitioner was accompanied by her son, however, the 5th respondent abused him.

4. The learned Government Advocate appearing for the respondents 1 to 4, on instructions submitted that a complaint has been lodged against the petitioner by one Chitra/Mangammal, stating that the petitioner, while working as a servant, had stolen 5 sovereigns gold necklace from her house, hence, the case was registered against the petitioner. Further, it was submitted that for the purpose of verifying the same, the petitioner was called upon for enquiry.

5. In such circumstances, this Court directs the respondent police to issue notice for enquiry mentioning the date as 27.04.2026. On receipt of such notice, the petitioner shall appear before the respondent police on the said date for enquiry 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.

6.

Accordingly, this Criminal Original Petition stands disposed of. 16-04-2026 Jd

To

1. The Commissioner of Police, Avadi Police Commissionerate, Avadi, Chennai 600 054.

2.The Deputy Commissioner of Police, Avadi Police Commissionerate, Avadi, Chennai 600 054.

3.The Assistant Commissioner of Police Avadi, Chennai 600 054.

4.The State rep by The Inspector of Police (Crime), T-6, Avadi Police Station, Avadi, Chennai 600 054.

5. The Public Prosecutor, Madras High Court, Chennai.

M.NIRMAL KUMAR J.

jd 16-04-2026