(Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the 2nd respondent not to harass the petitioner in the guise of enquiry on the basis of the complainant given by the 3rd respondent it is purely civil in nature.)

1. This Criminal Original Petition has been filed to direct the 2nd respondent not to harass the petitioner in the guise of enquiry on the basis of the complainant given by the 3rd respondent which is purely civil in nature.

2. Considering the nature of the relief sought for, notice to the 3rd respondent is dispensed with.

3. The learned counsel for the petitioner submitted that the petitioner, Kasirajan, seeks protection from harassment by the 2nd respondent police regarding a civil land dispute with the 3rd respondent. The petitioner owns 2 acres 75 cents of land in Nochikulam Village, Tenkasi District, cultivated for 30 years. The dispute began when a false complaint was filed, and the police, instead of addressing the issue, are allegedly coercing the petitioner to execute a sale deed in favour of the 3rd respondent. Despite multiple enquiries and submissions, the harassment continues, with the police violating the circular issued by the Additional Director General of Police, Chennai. Hence, the present Criminal Original Petition came to be filed.

4. However, the learned Government Advocate, Mr.M.Sakthi Kumar (Crl.side) on instructions, submitted that that there are presently no pending criminal cases against the petitioner, but complaints have been received and are under preliminary enquiry.

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

6. This 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.

7. To allay the petitioners’ apprehensions and to ensure fairness, the following directions are issued:

                   (a) With respect to the complaint received against the petitioner, 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.

                   (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 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.

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