Mrs.Dhanaja v. The State Rep. By The District Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-03-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR Mrs.Dhanaja, W/o.Chandrasekar, Aadidravidar Street, 7th ward, ladapuram village, Perambalur District.

..Petitioner(s) Vs

1. The State Rep. by the District Superintendent of Police, Perambalur District.

2. The State Rep. by the Deputy Superintendent of Police, District Crime Branch, Perambalur.

3. The State Rep. by the Inspector of Police, District Crime Branch, Perambalur.

..Respondent(s) PRAYER : Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita Act, 2023 to direct the respondents 2 and 3 police not to harass the petitioner and her family under the guise of enquiry and pass any such further orders as this Hon'ble Court may deem fit. For Petitioner(s):

Mr.Lokheshvaran.A For Respondent(s):

Mr.Leonard Arul Joseph Selvam Additional Public Prosecutor

ORDER

The present Criminal Original Petition has been filed seeking a direction to the respondent 2 and 3 police not to harass the petitioner under the guise of enquiry.

2. The case of the petitioner is that one Parameshwari, wife of Suresh has lodged a complaint alleging that the petitioner, her son-in-law and his brother has availed some loans from the complainant and cheated her.

3. The learned Additional Public Prosecutor, on instructions, submitted that based on the complaint given against the petitioner, the respondent Police are conducting an enquiry and that the petitioner was called only for enquiry and was not harassed during the enquiry.

4. Considering the submissions made and on perusal of the materials it is seen that the petitioner is the accused for receiving the amount of Rs.7,00,000/- for medical seat from one Parameshwari and she neither secured the medical seat nor returned the amount. Thereafter, the complaint has been received the petitioner appeared before the respondent police. Thereafter repaid Rs.2,00,000/- and Rs.1,50,000/- to Parameshwari and promise to repay the balance amount. Now this has been termed as harassment and it is for the

respondent police to proceed with the complaint of Parameshwari if cognizable offence has made out.

5. Such being the position, it is for the Investigating Agency to issue appropriate notice to the petitioner under Section 35(3) of BNSS for enquiry and on receipt of such notice, the petitioner shall appear for enquiry and cooperate in the investigation. It is made clear that the petitioner shall not be harassed during the course of enquiry. If any cognizable offence is made out, the respondent Police shall register a First Information Report and proceed in accordance with law.

6. Accordingly, this Criminal Original Petition stands disposed of. 10-03-2026 Index: Yes/No Speaking/Non-speaking order mtl

To

1. The State Rep. by the District Superintendent of Police, Perambalur District.

2. The State Rep. by the Deputy Superintendent of Police, District Crime Branch, Perambalur.

3. The State Rep. by the Inspector of Police, District Crime Branch, Perambalur.

4. The Public Prosecutor, High Court, Madras.

M.NIRMAL KUMAR, J.

mtl 10-03-2026