Chithra @ Priya v. Panchatcharam @ Prakash

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Chithra @ Priya ... Petitioner Vs.

1.Panchatcharam @ Prakash 2.Usharani The State of Tamil Nadu,

3. The Inspector of Police, All Women Police Station, Srirangam, Trichy City.

4.State of Tamil Nadu, Rep. by The Commissioner of Police, Trichy City, Trichy.

... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023 to direct the 3rd respondent to act upon the order passed by the Judicial Magistrate, Additional Mahila Court, Trichy in Cr.MP.No.11487/2025 dated 21.08.2025 and investigate the case in accordance with law.

For Petitioner : Mr.T.Leninkumar For Respondents : Mr.M.Sakthi Kumar (R3 & R4) Government Advocate (Crl.) 1/6

ORDER

The petitioner seeks for a direction to the 3rd respondent to act upon the order passed by the Judicial Magistrate, Additional Mahila Court, Trichy in Cr.MP.No.11487/2025 dated 21.08.2025 and investigate the case in accordance with law.

2. The learned counsel appearing for the petitioner submitted that the petitioner had filed a petition under Section 175(3) of the BNSS, 2023, before the learned Judicial Magistrate, Additional Mahila Court, Trichy, against respondents 1 and 2, wherein a direction was issued to the respondent police to register a case against them. In compliance with the said order, the present petition has been filed.

3. The learned Government Advocate appearing for the respondent police submitted that petitioner was called for enquiry in this regard. However, the petitioner is not cooperating with the enquiry.

4. Heard the learned counsel on either side and carefully perused the materials placed before this Court. Since no adverse order is proposed to be passed against the private respondents, notice to them is dispensed with. 2/6

5. In view of the submissions made, and to allay the petitioner's apprehensions and to ensure fairness, the following directions are issued: (a) With respect to the complaint lodged by the petitioner against the proposed accused, 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 proposed accused's appearance. (c) If the police, upon enquiry, conclude that a cognizable offence is made out as against the proposed accused, the respondent police is directed to register an FIR in terms of the order passed by the Judicial Magistrate, Additional Mahila Court, Trichy in Cr.MP.No.11487/2025 dated 21.08.2025 within a period of four weeks from the date of completion of enquiry.

6. With the above directions, this criminal original petition stands allowed.

03.02.2026 NCC : Yes / No Index : Yes / No sm 3/6

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TO:-

1. The Inspector of Police, All Women Police Station, Srirangam, Trichy City.

2.The Commissioner of Police, Trichy City, Trichy.

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

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L.VICTORIA GOWRI, J.

Sm Order made in Dated 03.02.2026 6/6