Sithi Javahira v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.11.2025
CORAM:
THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Sithi Javahira
...Petitioner
Vs.
1.
State rep. by, The Commissioner of Police, Office of the Commissioner of Police, Chennai City, Opposite to Dhinathanthi Office, E.V.K. Sampath Road, Veppery, Chennai - 600 007.
2.
Assistant Commissioner of Police, Office of Assistant Commissioner of Police, Nungambakkam, Valluvar Kottam High Road, Ponnanjupuram, Nungambakkam, Chennai - 600 034.
3.
The Inspector of Police, F-3 Nungambakkam Police Station, Valluvar Kottam High Road, Ponnanjupuram, Nungambakkam, Chennai - 600 006.
...Respondents
Criminal Original Petition filed under Section 528 of BNSS, 2023, to direct the respondents to not to harass the petitioner in the guise of investigation in any manner without adopting due process. 1/6
For Petitioner : Mr.G.Karuppasamy Pandian For Respondents : Mr.K.M.D.Muhilan, Addl. Public Prosecutor
ORDER
This criminal original petition has been filed seeking to direct the respondents 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 alleged confession made by some of the accused persons as against the petitioner's youngest son, the respondents are unnecessarily harassing the petitioner. Aggrieved by the same, the petitioner made a representation before the respondents on 04.10.2025, seeking not to harass the petitioner as well as her family members, which evoked no response. Hence, this petition.
3. Learned Additional Public Prosecutor appearing for the respondents, on instructions, submitted that the respondents are conducting enquiry after following due process of law and that the petitioner was called 2/6
only for enquiry.
4. In such circumstances, 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 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. 24.11.2025 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No 3/6
To:
1.
The Commissioner of Police, Office of the Commissioner of Police, Chennai City, Opposite to Dhinathanthi Office, E.V.K. Sampath Road, Veppery, Chennai - 600 007.
2.
Assistant Commissioner of Police, Office of Assistant Commissioner of Police, Nungambakkam, Valluvar Kottam High Road, Ponnanjupuram, Nungambakkam, Chennai - 600 034.
3.
The Inspector of Police, F-3 Nungambakkam Police Station, Valluvar Kottam High Road, Ponnanjupuram, Nungambakkam, Chennai - 600 006.
4.
The Public Prosecutor, Madras High Court.
4/6
M.NIRMAL KUMAR, J.
skt 5/6
24.11.2025 6/6