J.Senthil Nathan v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.03.2026

CORAM:

THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR J.Senthil Nathan ... Petitioner Vs.

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

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

3.The Inspector of Police, T-9, Pattabiram Police Station, Pattabiram, Chennai 600 072.

... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the respondents not to harass the petitioner.

For Petitioner : Mr.S.Prabhu For Respondents : Mr.Leonard Arul Jospeh Selvam Additional Public Prosecutor 1/4

O R D E R

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

2.

The grievance of the petitioner is that the respondent police without any prior intimation, came to his residence and knocked on the doors, thereby causing embarrassment to the petitioner and damaging his reputation among the public and neighbours. The petitioner claims that he is a respected person in society.

3. The learned Additional Public Prosecutor, on instructions, submitted that the petitioner is a habitual offender, he is a history-sheeted rowdy in H.S.No.3 of 2018 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.

Considering the submissions made and on perusal of the materials it is seen that the petitioner is a habitual offender, he is a history sheeted rowdy in H.S.No.3 of 2018. In view of the ensuing the election, the petitioner was called for enquiry in a routine manner to verify the 2/4

whereabouts of the history-sheeted persons in order to maintain law and order. The third respondent is at liberty to issue notice to the petitiner, conduct enquiry and proceed in accordance with law.

5. 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 on 16.03.2026 and co-operate in the investigation. It is made clear that the third respondent shall conduct an enquiry and the petitioner shall not be harassed during the course of enquiry. If any cognizable offence is made out, the third respondent Police shall register a First Information Report and proceed in accordance with law.

6. Accordingly, this Criminal Original Petition stands disposed of. 09.03.2026 vkr 3/4

M.NIRMAL KUMAR , J.

vkr To

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

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

3.The Inspector of Police, T-9, Pattabiram Police Station, Pattabiram, Chennai 600 072.

4.The Public Prosecutor, High Court of Madras.

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