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2025 DAILYLAW 104552 (MAD)

S.KANDAN v. The Commissioner of Police

WP Crl./942/2025 · 2025-09-25

N Sathish Kumar

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

WP Crl. No. 942 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 25-09-2025 CORAM THE HONOURABLE MR JUSTICE N. SATHISH KUMAR WP Crl. No. 942 of 2025 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 https://www.mhc.tn.gov.in/judis WP Crl. No. 942 of 2025 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 https://www.mhc.tn.gov.in/judis WP Crl. No. 942 of 2025 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 Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP Crl. No. 942 of 2025 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 https://www.mhc.tn.gov.in/judis WP Crl. No. 942 of 2025 N.SATHISH KUMAR J. pvs WP Crl. No. 942 of 2025 25-09-2025 https://www.mhc.tn.gov.in/judis