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Madras High Court
R.Venkatesan vs The Commissioner Of Police on 10 March, 2026
Author: M.Nirmal Kumar
Bench: M.Nirmal Kumar
Crl.O.P.No.5300 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.03.2026
CORAM:
THE HON'BLE MR. JUSTICE M.NIRMAL KUMAR
Crl.O.P.No.5300 of 2026
R.Venkatesan ... Petitioner
Vs.
1.The Commissioner of Police,
No.42, Tambaram Commissioner Office,
Semmozhi Sali, Sholinganallur,
Chennai 600 119.
2.The Deputy Commissioner of Police,
Vandalur to Kelambakkam Main Road,
Melakondaiyur, Chennai 600 127.
3.The Assistant Commissioner of Police,
Kaanathur, Chennai 603 112.
4.The Inspector of Police,
T-19, Kelambakkam Police Station,
Old Mahabalipuram Road,
Kelambakkam, Chennai 603 103. ... Respondents
PRAYER: Criminal Original Petition is filed under Section 528 of
Bharatiya Nagarik Suraksha Sanhita, to direct the respondents not to harass
the petitioner and his family members.
1/5
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Crl.O.P.No.5300 of 2026
For Petitioner : Mr.G.Kaviyarasu
For Respondents : Mr.Leonard Arul Jospeh Selvam
Additional Public Prosecutor
ORDER
The present Criminal Original Petition has been filed seeking a
direction to the respondents not to harass the petitioner and his family
members under the guise of enquiry.
2. The Case of the petitioner is that the 4 th respondent, without
any case pending against the petitioner, has been interfering with the
petitioner’s peaceful life by frequently calling the petitioner at odd hours.
3. The learned Additional Public Prosecutor appearing for the
respondents submitted that one Maheswari has lodged a complaint against
the petitioner alleging job racketing and that the petitioner had received a
sum of Rs.31,20,000/- from the said person. Based on the complaint, the
petitioner was called for enquiry in C.S.R.No.37 of 2026. He further
submitted that in a similar modus operandi, an earlier complaint has also
been registered against the petitioner in C.S.R.No.47 of 2021 on the file of
the Inspector of Police, Vazhapadi Police Station, which is still pending
enquiry.
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4. At this juncture, the learned counsel for the petitioner, on
instructions, submitted that the petitioner is now ready to appear before the
fourth respondent for enquiry.
5. Considering the submissions made and on perusal of the
materials it is seen that the petitioner is called for enquiry in C.S.R.No.37 of
2026, based on the complaint given by one Maheswari. In a similar modus
operandi, an earlier complaint has also been registered against the petitioner
in C.S.R.No.47 of 2021 on the file of the Inspector of Police, Vazhapadi
Police Station, which is still pending enquiry. The fourth respondent is at
liberty to issue notice to the petitiner, conduct enquiry and proceed in
accordance with law.
6. 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 17.03.2026 and co-operate in the investigation. It is made clear that the
fourth 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.
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7. Accordingly, this Criminal Original Petition stands disposed
of.
10.03.2026
Neutral Citation: Yes/No
vkr
To
1.The Commissioner of Police,
No.42, Tambaram Commissioner Office,
Semmozhi Sali, Sholinganallur,
Chennai 600 119.
2.The Deputy Commissioner of Police,
Vandalur to Kelambakkam Main Road,
Melakondaiyur, Chennai 600 127.
3.The Assistant Commissioner of Police,
Kaanathur, Chennai 603 112.
4.The Inspector of Police,
T-19, Kelambakkam Police Station,
Old Mahabalipuram Road,
Kelambakkam, Chennai 603 103.
5.The Public Prosecutor,
High Court of Madras.
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M.NIRMAL KUMAR, J.
vkr
10.03.2026
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