Madras High CourtCRL OP(MD)/2538/2026disposed of

Arulappan v. The State Of Tamil Nadu

2026-02-09Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Arulappan ... Petitioner Vs.

1.The State of Tamil Nadu, Rep By The District Superintendent of Police, O/o.The District Superintendent of Police, Trichy, Trichy District.

2.The State of Tamil Nadu, Rep.by The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Manapparai, 3.The State of Tamil Nadu, Rep.by The Inspector of Police, Vaiyampatti Police Station, 4.Andiyammal ... Respondents Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the respondent No.3 and their officials not to harass the 1/6

petitioner on the basis of the petitioner's representation dated 30.01.2026.

For Petitioner : Mr.A.Joel Paul Antony For R1 - R3 : Mr.M.Sakthi Kumar Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition is filed seeking to direct the respondent No.3 and their officials not to harass the petitioner on the basis of the petitioner's representation dated 30.01.2026.

2. Since no adverse order is passed against the 4th respondent, notice to the 4th respondent is dispensed with.

3. With respect to the dispute between the management of Kai Kani Sangam, the 4th respondent has lodged a complaint against the petitioner. On the basis of the said complaint, the petitioner is subjected to harassment. Hence, this petition.

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4. The learned Government Advocate (Crl.Side) submits that the 4th respondent had lodged a complaint as against the petitioner. The petitioner was only called for enquiry and was not otherwise harassed.

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

6. To allay the petitioner's apprehensions and to ensure fairness, the following directions are issued:

(a) With respect to the complaint received from the 4th respondent against the petitioner, the respondent-police shall issue written summons/notice under Section 62 Cr.P.C/64 BNSS, specifying the date, time, and purpose of enquiry. Oral or informal summons are prohibited.

(b) The enquiry, if undertaken, shall be completed within two weeks from the date of the petitioner's appearance. (c) If the police, upon enquiry, conclude that a cognizable offence is made out and propose to register an FIR, 3/6

the petitioner shall be given prior written notice, enabling him 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.

7. With these directions, this Direction Petition stands disposed of.

09.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The District Superintendent of Police, O/o.The District Superintendent of Police, Trichy, Trichy District.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Manapparai, 4/6

3.The Inspector of Police, Vaiyampatti Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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L.VICTORIA GOWRI, J.

gbg 09.02.2026 6/6