P. Anandharajakumar v. The State of Tamilnadu Rep. by

ORDER Seeking to direct the respondents 1 to 3 not to harass the petitioners and their family members under the guise of enquiry, this criminal original petition is filed.

¶2The learned counsel for the petitioners submitted that on a complaint received as against the petitioners from the 4th respondent police, the 3rd respondent police is subjecting them to harassment in the guise of enquiry and hence, this petition.

¶3The learned Government Advocate (Crl.Side) on instructions submitted that complaint has been received from the 4th respondent in a job racketing matter, following which the 2nd respondent has issued summons, dated 08.01.2026 and 13.01.2026. The matter is still pending.

¶4Per contra, the learned counsel for the petitioners submitted that it is not at all a matter of job racketing, but they had borrowed an amount of Rs.11,50,000/- from the 4th respondent on various occasions. In this regard, a dispute has arisen between the 4th respondent and the petitioners. However, the 4th respondent had given a false complaint as against the petitioners and respondent police is subjecting them to harassment.

¶5The learned counsel appearing for the 4th respondent categorically contended that it is not a dispute about receipt of any loan, but it is a clear case of job racketing.

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

¶7It is understood that the petitioners have been called only after serving proper summons by the 2nd respondent police for an inquiry on the complaint received from the 4th respondent.

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

(a) With respect to the complaint received against the petitioners, if the petitioner's appearance is further necessary, the respondent-police shall issue written summons/notice under Section 41-A Cr.P.C/35(3) 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 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.

¶9With these directions, this Direction Petition stands disposed of.

23.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg

To

1.The Superintendent of Police Dindigul District, Dindigul.

2.The Deputy Superintendent of Police, District Crime Branch, Dindigul, Dindigul District.

3.The Sub Inspector of Police, District Crime Branch, Dindigul, Dindigul District.

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

L.VICTORIA GOWRI, J.

gbg

23.01.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.01.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI 1.P.Anandharajakumar 2.A.Esther Chandrakala ... Petitioners Vs. 1.The Superintendent of Police Dindigul District, Dindigul. 2.The Deputy Superintendent of Police, District Crime Branch, Dindigul, Dindigul District. 3.The Sub Inspector of Police, District Crime Branch, Dindigul, Dindigul District. 4.R.Marudhairaj ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023,to direct the respondents 1 to 3 not to harass the petitioners and their family members on the guise of enquiry. For Petitioners : Mr.V.Palanichamy For R1 to R3 : Mr.M.Sakthi Kumar Government Advocate (Crl) For R4 : Mr.Sarvagan Prabhu