C.Sankarapandian v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.12.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.23165 of 2025 C.Sankarapandian ... Petitioner Vs.

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

2.The Deputy Superintendent of Police, Vedasanthur Sub Division, Dindigul District.

3.The Inspector of Police, Vedasanthur Police Station, Vedasanthur, Dindigul District.

... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the respondent Police not to harass the petitioner under the guise of wrong petition enquiry and granting such other further reliefs.

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For Petitioners : Mr.M.Sheik Abdullah For Respondents : Mr.M.Sakthi Kumar, Government Advocate (Crl. Side)

ORDER

Seeking to direct the respondent Police not to harass the petitioner under the guise of wrong petition enquiry and granting such other further reliefs, this petition is filed. 2.The learned counsel appearing for the petitioner submitted that he is continuously subjected to harassment by the 2nd respondent police in connection with the investigation relating to his former employer and hence, he sought the indulgence of this Court. 3.The learned Government Advocate (Crl. Side) Mr.M.Sakthi Kumar, on instructions, submitted that the petitioner had been working as a Marketing Manager at M/S.Sri Velayuthaswamy Spinning mill at Vedasanthur between the period of 2019 to 2025. However, with respect to the alleged misappropriation of thread worth about 2/6

Rs.5,00,000/-, the former employer of the petitioner terminated him from service on the ground that he had colluded with another colleague and committed the offence of misappropriation. Subsequent to the termination, the employer lodged a complaint before the second respondent police, pursuant to which an enquiry was conducted and the petitioner was summoned. However, without cooperating with the enquiry, the petitioner has approached this Court. 4.Heard the learned counsels on either side and carefully perused the materials available on record.

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

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

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(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 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.

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

16.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No vsg 4/6

To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Deputy Superintendent of Police, Vedasanthur Sub Division, Dindigul District.

3.The Inspector of Police, Vedasanthur Police Station, Vedasanthur, Dindigul District.

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

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L.VICTORIA GOWRI, J.

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