M.Mukesh v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-02-2026

CORAM

THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA M.Mukesh ..Petitioner(s) Vs

1. The Commissioner of Police Avadi Police Commissionerate, Avadi City, Avadi, Chennai.

2. The Assistant Commissioner of Police Avadi Range, Kovilpadagai Main Road, Avadi, Chennai 600054.

3. The Inspector of Police T-10 Thirumullaiyvoyal Police Station, Thirumullaivoyal, Chennai-600062.

..Respondent(s) Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the respondents Police not to harass the petitioner under the guise of enquiry.

For Petitioner(s):

Ms.R.Angalaparameswari For Respondent(s):

Mr.S.Santhosh Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking a direction to the respondents police 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, the respondents Police are unnecessarily harassing him. 3.

Learned Government Advocate (Crl.Side), on instructions, submitted that the petitioner is a habitual offender and a history sheeted rowdy in H.S.No.3 of 2025 and therefore, he was called for an enquiry in a routine manner. He further submitted that the petitioner was called only for enquiry and was not harassed during the enquiry.

4.

Such being the position, 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 respondents Police shall register a First Information Report and proceed in accordance with law.

5.

Accordingly, this Criminal Original Petition stands disposed of. 20-02-2026 vkr

To 1.The Commissioner of Police Avadi Police Commissionerate, Avadi City, Avadi, Chennai.

2.The Assistant Commissioner of Police Avadi Range, Kovilpadagai Main Road, Avadi, Chennai 600054.

3.The Inspector of Police, T-10 Thirumullaiyvoyal Police Station, Thirumullaivoyal, Chennai-600062.

4.The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA, J.

vkr 20-02-2026