R.Venkatesan Vs The Commissioner of Police

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.

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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.5300 of 2026

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For Petitioner : Mr.G.Kaviyarasu For Respondents : Mr.Leonard Arul Jospeh Selvam Additional Public Prosecutor

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O R D E R

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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.

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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.

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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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Crl.O.P.No.5300 of 2026

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4 . At this juncture, the learned counsel for the petitioner, on

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instructions, submitted that the petitioner is now ready to appear before the fourth respondent for enquiry.

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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.

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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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https://www.mhc.tn.gov.in/judis

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Crl.O.P.No.5300 of 2026

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