B.Shanthini v. The State Rep By The Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.06.2026
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN WP.Crl.No.1227 of 2026 B.Shanthini ... Petitioner Vs.
The State rep.by The Inspector of Police, R-5 Police Station, Virugambakkam Police Station, Chennai ... Respondent Prayer:
Writ Petition(Crl.) filed under Article 226 of Constitution of India praying to issue a WRIT OF MANDAMUS directing the respondent not to harass the petitioner in the guise of enquiry. For Petitioner : M/s.K.Sheeba For Respondent : Mr.R.Ganesh Kumar, Counsel for Government of Tamil Nadu (Criminal Side)
ORDER
This writ petition has been filed praying to issue a direction to the respondent not to harass the petitioner in the guise of enquiry. 2.
According to the petitioner, based on an online complaint received from one, Vishnu Dhurga, the respondent is harassing the petitioner in the guise of enquiry.
3.
The learned Counsel for Government of Tamil Nadu (Criminal Side) appearing for the respondent police submits that on the complaint given by the defacto complainant against the petitioner, 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.
5.
It is the grievance of the petitioner that the respondent police have been harassing her 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. 8.
In the present case in hand, the petitioner has 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 petitioner 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.
10.
With the above observations and direction, the Writ Petition stands disposed of. There shall be no order as to costs. 05.06.2026 Index : Yes/No : Yes/No Speaking/non-speaking order lok
G.K.ILANTHIRAIYAN, J.
lok To 1.The State rep.by The Inspector of Police, R-5 Police Station, Virugambakkam Police Station, Chennai 2.The Public Prosecutor, High Court of Madras WP . Crl.
No.
of 202 05.06.2026