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2026 DAILYLAW 80865 (MAD)

J.MUTHURAJAN v. The Commissioner of Police

CRL OP/35156/2025 · 2026-01-05

A D Jagadish Chandira

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl. O.P. No. 35156 of 2025 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 05-01-2026 CORAM THE HON'BLE MR JUSTICE A.D.JAGADISH CHANDIRA Crl. O.P. No. 35156 of 2025 J.Muthurajan ..Petitioner Vs 1. The Commissioner of Police, Commissionerate Avadi City, Type V, Qtr No.5/1, HVF Estate, Bhaktavatsala Puram, Avadi, Chennai - 600 054. 2. The State Represented by the Inspector of Police, M-4 Redhills Police Station, GNT Road, Red Hills, Chennai - 600 052. ..Respondent(s) PRAYER Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita to direct the respondents not to harass the petitioner or his family members under the guise of enquiry in relation to a dispute which is purely civil in nature and already pending before the competent civil court. For Petitioner : Mr.R.Arunkumar For Respondents : Mr.S.Santhosh Government Advocate (Criminal Side) https://www.mhc.tn.gov.in/judis Crl. O.P. No. 35156 of 2025 __________ Page2 of 4 ORDER The present Criminal Original Petition has been filed seeking a direction to the respondent police not to harass the petitioner under the guise of enquiry. 2. The case of the petitioner is that under the pretext of conducting an enquiry in connection with the existing civil dispute with one Ravi, the respondent Police are unnecessarily harassing him. 3. Learned Government Advocate (Criminal Side), on instructions, submitted that based on the complaint given against the petitioner, the respondent Police is conducting enquiry in C.S.R.Nos.690 and 769 of 2025 and that the petitioner was called only for enquiry and he is not co-operating for the same. He further submitted that the petitioner was not harassed during the enquiry. 4. 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 and co- operate in the investigation. It is made clear that the petitioner shall not be harassed during the course of enquiry. If any cognizable offence is made out, https://www.mhc.tn.gov.in/judis Crl. O.P. No. 35156 of 2025 __________ Page3 of 4 the respondent Police shall register a First Information Report and proceed in accordance with law. 5. Accordingly, this Criminal Original Petition stands disposed of. 05-01-2026 Neutral Citation: Yes/No MRN To 1. The Commissioner of Police, Commissionerate Avadi City, Type V, Qtr No.5/1, HVF Estate, Bhaktavatsala Puram, Avadi, Chennai - 600 054. 2. The Inspector of Police, M-4 Redhills Police Station, GNT Road, Red Hills, Chennai - 600 052. 3. The Public Prosecutor, High Court of Madras. https://www.mhc.tn.gov.in/judis Crl. O.P. No. 35156 of 2025 __________ Page4 of 4 A.D.JAGADISH CHANDIRA, J. MRN Crl. O.P. No. 35156 of 2025 05-01-2026 https://www.mhc.tn.gov.in/judis