Madras High CourtCRL OP(MD)/3790/2026disposed of

R.Giridharan v. The State Of Tamilnadu, Rep. By The Superintendent Of Police, Dindigul,

2026-02-23Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 23/02/2026

CORAM

THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI CRL OP(MD). No.3790 of 2026 R.Giridharan ... Petitioner Vs 1.The State represented by The Superintendent of Police, Dindigul, Dindigul District.

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

3.R.P.Vadivel 4.V.Sathiyapriyan ... Respondents PRAYER :- To direct the respondents 1 and 3 not to harass the petitioner and his family members under the guise of enquiry.

For Petitioner : Mr.S.L.Venkatesan For Respondents : Mr.M.Sakthi Kumar for R.1 & R.2 1/6

Government Advocate (Crl Side) CRL OP(MD). No.3761 of 2026 R.Giridharan ... Petitioner Vs 1.The State represented by The Superintendent of Police, Dindigul, Dindigul District.

2.The State represented by The Inspector of Police, District Crime Branch, Dindigul, Dindigul District.

... Respondents PRAYER :- To direct the 2nd respondent herein to provide adequate police protection to the life and limb of the petitioner and their family members on the basis of the representation given by the petitioner on 02.02.2026. For Petitioner : Mr.S.L.Venkatesan For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl Side) 2/6

ORDER

These Criminal Original Petitions are filed to direct the respondents 1 and 3 not to harass the petitioner and his family members under the guise of enquiry and to provide adequate police protection to the life and limb of the petitioner and their family members on the basis of the representation given by the petitioner on 02.02.2026.

2. Learned counsel for the petitioner submitted that on the basis of the complaint given by the 3rd and 4th respondents against the petitioner before the respondents 1 and 2 that the petitioner did not repay the loan amount, the second respondent is harassing the petitioner. Hence the petition.

3. Learned Government Advocate (Crl.side) submitted that many persons have given complaints as against the petitioner for job racketing in which the petitioner has swindled as many as Rs.77 Lakhs from many victims. On receipt of complaints one after the other, the respondent police required the petitioner to appear before them for inquiry. However, without appearing for enquiry and cooperating with the 3/6

ongoing investigation, the petitioner had filed a petition before this Court seeking police protection and another petition not to harass that the police is unnecessarily harassing him.

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

6. 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.

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

(a) With respect to the complaint received against the petitioner, the respondent-police shall issue written summons/notice under Section 62 of Cr.P.C / 64 of BNSS, 2023, specifying the date, time, and purpose of enquiry. Oral or informal summons are prohibited. 4/6

(b) The enquiry, if undertaken, shall be completed within two 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.

8. With the above directions, these Criminal Original Petitions are disposed of.

23.02.2026 NCC : Yes/No Index : Yes / No pnn 5/6

L. VICTORIA GOWRI,J pnn

ORDER

IN CRL OP(MD) Nos.3790 and 3761 of 2026 Date : 23/02/2026 6/6