A.Rajendar v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.08.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR A.Rajendar ... Petitioner Vs.

1. The Commissioner of Police, O/o. The Commissioner of Police, No.132, EVK Sampath Road, Vepery, Periyamet, Chennai - 600 007.

2. The Inspector of Police, R4 Pondy Bazaar Police, No.68, Thiyagaraya Raod, T.Nagar, Chennai - 600 017.

... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, to direct the respondent not to harass the petitioner and his family members under the guise of investigation in the odd hours. For Petitioner : Mr.R.Arunkumar For Respondents : Mr.R.Vinothraja Government Advocate (Criminal Side)

O R D E R

The Criminal Original Petition has been filed seeking a direction to the respondent Police not to harass the petitioner and his family members under the guise of investigation/enquiry in odd hours. 2.

It is the grievance of the petitioner that under the pretext of 1/4

enquiry, the respondent Police are unnecessarily harassing the petitioner and his family members.

3.

The learned Government Advocate (Criminal Side), on instructions, submitted that on the complaint given by the de facto complaint, notice has been issued to the petitioner. But the petitioner has not appeared before the respondent for enquiry and he is not co-operating with the investigation.

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 with the investigation. If any cognizable offence is made out, the respondent the respondent shall register the First Information Report and proceed as per law.

5. Accordingly, this Criminal Original Petition stands disposed of with the aforesaid direction.

25.08.2025 ham To

1. The Commissioner of Police, 2/4

O/o. The Commissioner of Police, No.132, EVK Sampath Road, Vepery, Periyamet, Chennai - 600 007.

2. The Inspector of Police, R4 Pondy Bazaar Police, No.68, Thiyagaraya Raod, T.Nagar, Chennai - 600 017.

3. The Public Prosecutor, High Court of Madras.

3/4

N. SATHISH KUMAR , J.

ham 25.08.2025 4/4