Malliga v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-05-2026

CORAM

THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ

1. Malliga

2. Gandhi

3. Rani

4. R.Dinesh

5. Gajalakshmi

6. Dhanalakshmi

7. Nethaji

8. Vijayalakshmi ..Petitioner(s) Vs

1. The Commissioner of Police Type V, Qtr No 5/1, HVF Estate, Bhaktavtsala Puram, Avadi, Tamil Nadu-600 054.

2. The Assistant Commissioner of Police M-4, Redhills Police Station, GNT Road, Redhills, Chennai-600052.

3. The Inspector of Police E-5, Sholavaram Police Station, Sholavaram, Chennai-600 067.

4. M/s Nova Life Space Private Limited, Rep by its Direction No. 309, Bay City Centre, 2nd Floor, Poonamalle High Road,

Kilpauk, Chennai - 600 010.

..Respondent(s) PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to issue direction to the Respondent Police not to harass the Petitioners and his family members and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and render Justice.

For Petitioner(s):

Mr.Nithianandam For Respondent(s):

R.Ganesh Kumar, Counsel for the Government of Tamil Nadu (Criminal Side)

ORDER

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

2.

The case of the petitioners is that under the pretext of conducting an enquiry in connection with the existing civil dispute with respondent 4, the respondent Police are unnecessarily harassing them. 3.

The learned Government Advocate (Criminal Side), on instructions, submitted that the respondent Police would issue summons in case the petitioners' presence is necessary for the investigation.

4.

Such being the position, it is for the Investigating Agency to issue appropriate notice to the petitioners under Section 35(3) of BNSS for enquiry and on receipt of such notice, the petitioner shall appear for enquiry and cooperate 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. 27-05-2026 Index: Yes/No Speaking/Non-speaking order SHA Note:

1. Registry is directed to forthwith upload this order in the Official Website of this Court.

2. All concerned to act on this order being uploaded in Official Website of this Court without insisting on certified hard copies. To be noted, this order when uploaded in the official website of this Court will be watermarked and will also have a QR

MOHAMMED SHAFFIQ, J.

SHA To

1. The Commissioner of Police Type V, Qtr No 5/1, HVF Estate, Bhaktavtsala Puram, Avadi, Tamil Nadu-600 054.

2. The Assistant Commissioner of Police M-4, Redhills Police Station, GNT Road, Redhills, Chennai-600052

3. The Inspector of Police E-5, Sholavaram Police Station, Sholavaram, Chennai-600 067.

4. The Public Prosecutor High Court of Madras.

27-05-2026