R.Jeyakkan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.02.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI R.Jeyakkan ... Petitioner Vs.

1. The Superintendent of Police, Madurai District, Madurai.

2. State Rep. by The Inspector of Police, Anti Land Grabbing Special Cell, Madurai District.

3. Mr.Prakash ... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023 seeking to direct the respondents not to harass the petitioner under the guise of enquiry in a civil dispute between the petitioner and the 3rd respondent. For Petitioner : Mr.J.Anandkumar for Mr.S.Sekar For Respondents : Mr.A.Thiruvadi Kumar (R1 & R2) Additional Public Prosecutor 1/4

ORDER

The petitioner seeks for a direction to the respondents not to harass the petitioner under the guise of enquiry in a civil dispute between the petitioner and the 3rd respondent.

2. The learned counsel for the petitioner submitted that at the instance of the 3rd respondent in a civil dispute, the second respondent police is unnecessarily harassing the petitioner and hence, this petition came to be filed.

3. The learned Additional Public Prosecutor submitted that a complaint was received against the petitioner, alleging that he had created a bogus life certificate for a person who had died in 2011, falsely certifying that the person was alive on 19.06.2020.

4. Heard the learned counsels on either side and carefully perused the materials available on record. Since no adverse order is proposed to be passed against the third respondent, notice to him is dispensed with.

5. This Court is conscious that under Section 528 BNSS, 2023, it may issue appropriate directions to ensure that police powers are exercised strictly 2/4

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.

6. In this regard, considering the civil nature of the dispute involved and to allay the petitioner's apprehension, and to ensure fairness, the second respondent police is directed to issue written summons/notice under Section 62 Cr.P.C / 64 BNSS, 2023, specifying the date, time, and purpose of enquiry and thereafter conduct the enquiry in a fair and impartial manner. The second respondent police are strictly directed not to cause any harassment to the petitioner. The petitioner, in turn, is directed to appear before the second respondent if duly summoned and to produce all necessary documents to substantiate his claim.

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

27.02.2026 NCC : Yes / No Index : Yes / No Sm 3/4

L.VICTORIA GOWRI, J.

Sm TO:-

1. The Superintendent of Police, Madurai District, Madurai.

2. The Inspector of Police, Anti Land Grabbing Special Cell, Madurai District.

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

Order made in Dated 27.02.2026 4/4