Syed Ibrahim M v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 12/01/2026

CORAM

THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI M.Syed Ibrahim ... Petitioner Vs 1.State of Tamil Nadu, Rep By, The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, District Crime Branch, Dindigul.

3.P.Selvam 4.P.Senthilkumar ... Respondents PRAYER :- To direct the respondents 1 and 2 not to harass the petitioner in the guise of enquiry by considering the representation dated 27.12.2025. For Petitioner : M/s.C.Ezhilarasu Advocate.

For Respondent : Mr.M.Sakthi Kumar for R1 and R2 Government Advocate (Crl.Side) 1/6

ORDER

This Criminal Original Petition is filed to direct the respondents 1 and 2 not to harass the petitioner in the guise of enquiry by considering the representation dated 27.12.2025.

2. Considering the nature of the relief sought for, notice to the 3rd and 4th respondents are dispensed with.

3. Learned counsel for the petitioner submitted that on the basis of the complaint lodged by the respondents 3 and 4, the petitioner was called for enquiry. This petition has been filed seeking to direct the second respondent not to harass the petitioner.

4. Mr.M.Sakthi Kumar, learned Government advocate submitted that the matter is about job racketing in which, it is claimed by the 3rd and 4th respondents that the petitioner had received money from them on the guise of obtaining Government job. However, the learned Government Advocate, on instructions, submitted that an enquiry is pending on the complaint given by the 3rd and 4th respondent against the petitioner and the same will be concluded within a short period of time. 2/6

5. Learned counsel for the petitioner, by denying all the allegations made by the learned Government Advocate, sought the indulgence of this court.

6. Heard the learned counsels on either side and carefully perused the materials available on record.

7. This Court is conscious that under Section 528 BNSS, 2023, it may issue appropriate directions to ensure that police powers are exercised strictly in accordance with law and not in a manner that converts civil disputes into criminal proceedings without the essential ingredients of an offence being made out.

8. To allay the petitioners' apprehensions and to ensure fairness, the following directions are issued:

(a) On the complaint received against the petitioners, the respondent-police shall issue written summons/notice under Section 62 Cr.P.C., specifying the date, time, and purpose of enquiry. Oral or informal summons are prohibited.

(b) The enquiry, if undertaken, shall be completed within two 3/6

weeks from the date of the petitioners' appearance. (c) If the police, upon enquiry, conclude that a cognizable offence is made out and propose to register an FIR, the petitioners shall be given prior written notice, enabling them to seek legal remedies including anticipatory bail.

(d) If the dispute is found to be civil in nature, the complaint shall be closed forthwith, without any coercive or intimidatory action. (e) The respondents shall refrain from interfering in or attempting to adjudicate private civil rights between the parties.

9. With the above directions, this Criminal Original Petition is disposed of.

12.01.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No pnn 4/6

To 1.The Superintendent of Police, Dindigul District, Dindigul. 2.The Inspector of Police, District Crime Branch, Dindigul.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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L. VICTORIA GOWRI,J pnn

ORDER

IN CRL OP(MD) No.721 of 2026 Date : 12/01/2026 6/6