Veerasamy v. The State of Tamil Nadu

ORDER Seeking to direct the respondent police to take appropriate and immediate action on the complaint lodged by the petitioner dated on

31.12.2025, this criminal original petition is filed.

¶2The learned counsel for the petitioner submitted that the petitioner had lodged a complaint to the 2nd respondent police as against one Thiyagarajan and Dhamodharan with respect to an illegal eviction during pendency of a civil suit. However, the same was not considered by the respondent police. Hence, this petition.

¶3The learned Government Advocate(Crl.Side submitted that already the said Thiyagarajan had lodged a complaint against the petitioner that the petitioner is trying to encroach his land on

31.12.2025 even before the petitioner had lodged the complaint. Now only the complaint has been forwarded to the 2nd respondent police. Within two weeks, investigation will be concluded.

¶4Heard the learned counsels on either side and carefully perused the materials available on record.

¶5Recording the submission of the learned Government Advocate(Crl.Side), to facilitate the petitioner's plight with respect to the complaint lodged by the petitioner as against the said Thiyagarajan and Dhamodharan, the following directions are issued :

(a) With respect to the complaint lodged by the petitioner, the respondent-police shall issue written summons/notice to the proposed accused i.e., Thiyagarajan and Dhamodharan under Section 62 Cr.P.C/64 BNSS, 2023, specifying the date, time, and purpose of enquiry. Oral or informal summons are prohibited.

(b) The enquiry, if undertaken, shall be completed within four weeks from the date of the appearance of the parties.

(c) If the police, upon enquiry, conclude that a cognizable offence is made out and propose to register an FIR, the proposed accused 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.

¶6With the above directions, this Criminal Original Petition stands allowed.

27.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg

To

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

2.The Inspector of Police, Kollidam Police Station, Trichy District.

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

L.VICTORIA GOWRI, J.

gbg

27.01.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.01.2026 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Veerasamy ... Petitioner Vs. 1.The State of Tamil Nadu, Rep.by The Superintendent of Police, Trichy District, Trichy. 2.The Inspector of Police, Kollidam Police Station, Trichy District. ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the respondent police to take appropriate and immediate action on the complaint lodged by the petitioner dated on 31.12.2025 within the stipulated time limit fixed by this Court. For Petitioner : Mr.V.G.Vallarasu Chezhiyan For Respondents : Mr.M.Sakthi Kumar Government Advocate(Crl.Side)