Madras High CourtWP Crl./942/2025disposed of

S.Kandan v. The Commissioner Of Police

2025-09-25Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR S.Kandan Appellant(s) Vs

1. The Commissioner of Police Greater Chennai Police Commissionerate, Vepery, Chennai -600 007 2.The Inspector of Police J-5, Sastri Nagar Police Station, Besant Nagar, Chennai-600 090 Respondent(s) PRAYER To direct the respondents not to harass the petitioner under the guise of enquiry on the basis of the petitioner's representation dated 13.06.2024. For Appellant(s):

Mr.V.Ramanareddy For Respondent:

Mr.R.Vinothraja, Govt. Advocate Crl. Side, for R1 & R2

ORDER

The petitioner seeks direction to the respondents not to harass the petitioner under the guise of enquiry.

2. It is the case of the petitioner that earlier he was roped in a Crime No.1656 of 2017, which was charge-sheeted in S.C.No.292 of 2017 and later he was acquitted from the said case. At present, the petitioner is being harassed by the respondents under the guise of 110 Cr.P.C. proceedings informing he was in the history sheet on the file of the 2 nd respondent Police. Though he gave a written representation dated 13.06.2024, the same has not been considered.

3. The learned Govt. Advocate (Crl. Side) on instructions submitted that the respondent Police is not harassing the petitioner. Since the petitioner is a history-sheeter, they are only monitoring him.

4. Considering the facts of the case, this Court is of the view that under the pretext of enquiry, there shall not be any unnecessary enquiry against the petitioner, unless any complaint is made against him. Even if any complaint is

made, after issuing of notice under Section 35(3) of BNSS Act, the petitioner can be called for enquiry.

5. With the above directions, this petition is disposed of. 25-09-2025 pvs Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The Commissioner of Police Greater Chennai Police Commissionerate, Vepery, Chennai -600 007 2.The Inspector of Police J-5, Sastri Nagar Police Station, Besant Nagar, Chennai-600 090

N.SATHISH KUMAR J.

pvs 25-09-2025