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2025 Supreme(Online)(Mad) 65384

IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.JAGADISH CHANDIRA, J
K.Arivazhakan @ R.K.Arivu – Appellant
Versus
State – Respondent
Crl.OP.No.30640 of 2025



Advocates:
For the Appellants/Petitioners: Mr.M.D.Ilayaraja
For the Respondents: Mr.R.Vinothraja, GA(Crl. Side)

The court confirmed the necessity of cooperation in investigations while safeguarding against undue harassment.

Headnote:This criminal original petition was filed under Section 528 of BNSS, aiming to prevent harassment by the 3rd respondent police. The petitioner was identified as a history sheeted rowdy with 44 pending cases. The court clarified that while the petitioner should not be harassed, cooperation in the investigation was required. The court ultimately disposed of the petition with directives for the investigation to proceed appropriately.

Table of Content
1. petitioner is a history sheeted rowdy with multiple pending cases. (Para 1 , 2)
2. investigation to proceed, ensuring no harassment. (Para 3)
3. petition disposed with directions. (Para 4)

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Crl.OP.No.30640 of 2025 K.Arivazhakan @ R.K.Arivu ...Petitioner Vs.

1. State rep. by, The Superintendent of Police, Villupuram, Villupuram District.

2. State rep. by, The Deputy Superintendent of Police, Villupuram, Villupuram District.

3. State rep. by, The Inspector of Police, Villupuram Taluk Police Station, Villupuram District. ...Respondents Criminal Original Petition filed under Section 528 of BNSS, to direct the 3rd respondent police not to harass the petitioner.

For Petitioner : Mr.M.D.Ilayaraja For Respondents : Mr.R.Vinothraja, GA(Crl. Side)

ORDER

This criminal original petition has been filed seeking to direct the 3rd respondent police not to harass the petitioner.

2. When the matter was taken up for hearing, the learned Government Advocate (Criminal Side) appearing for the respondents, on instructions, submitted that the petitioner is a history sheeted rowdy, who is having about 44 cases pending against him and a History Sheeted Rowdy Book was also opened against him in H.S.No.937 of 2008. Further, other than monitoring the activities of the petitioner, he was called only for enquiry and he has not been harassed.

3. 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.

4. With the aforesaid direction, this criminal original petition stands disposed of. 10.11.2025 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:

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