N.Muthuraja v. The State of Tamilnadu

ORDER The petitioners seek for a direction to the respondents 1 and 2 to direct the third respondent not to harass the petitioner and his family members in the name of enquiry within the time stipulated by this Court.

¶2The learned counsel for the petitioner submitted that the petitioner is one of the office bearers of a political party. The third respondent police, acting as a pawn in the hands of the ruling party, is subjecting the petitioner to harassment, and thus sought the indulgence of this Court.

¶3The learned Government Advocate appearing for the respondent police submitted that the petitioner, having multiple previous cases including two related to charging exorbitant interest, is habitually engaged in receiving such interest. For this reason, he was called for enquiry. However, no complaint is pending against the petitioner.

¶4Heard the learned counsel on either sides and carefully perused the materials available on record.

¶5This 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.

¶6To allay the petitioner's apprehensions and to ensure fairness, the following directions are issued:

(a) If any complaint received against the petitioner, the respondent-police shall issue written summons/notice 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 two weeks from the date of the petitioner's appearance.

(c) If the police, upon enquiry, conclude that a cognizable offence is made out and propose to register an FIR, the petitioner 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 respondent police shall refrain from interfering in or attempting to adjudicate private civil rights between the parties.

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

19.02.2026 NCC : Yes / No

Index : Yes / No Sm TO:-

¶1The Superintendent of Police, Office of the Superintendent of Police, Dindigul, Dindigul District.

¶2The Deputy Superintendent Of Police, Office of the Deputy Superintendent of Police, Vedasandur Circle, Dindigul District.

¶3The Inspector of Police, Vedasandur Police Station, Vedasandur, Dindigul District.

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

L.VICTORIA GOWRI, J. Sm Dated

19.02.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.02.2026 CORAM: THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI N.Muthuraja ... Petitioner Vs. 1. The State of Tamilnadu, Rep by the Superintendent of Police, Office of the Superintendent of Police, Dindigul, Dindigul District. 2. The Deputy Superintendent Of Police, Office of the Deputy Superintendent of Police, Vedasandur Circle, Dindigul District. 3. The Inspector of Police, Vedasandur Police Station, Vedasandur, Dindigul District. ... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023 to direct the Respondents No.1 and 2 to directing the Respondent No.3 for not to harass the Petitioner and his family members in the name of enquiry within the time stipulated by this Court. For Petitioner : Mr.R.Rajaselvan For Respondents : Mr.M.Sakthi Kumar Government Advocate