Madras High CourtCRL OP(MD)/2364/2026disposed of

S.Ramesh v. The Superintendent Of Police,

2026-02-09Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.02.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI 1.S.Ramesh 2.Latha ... Petitioners Vs.

1.The Superintendent of Police, O/o The Superintendent of Police, Madurai District.

2.The Inspector of Police, District Crime Branch, Madurai District.

3.The Inspector of Police, Melur Police Station, Madurai District.

4.Pushpa ... Respondents Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the Respondents 2 and 3 herein not to harass the petitioners except under due process of law.

For Petitioners : Mr.C.Gangai Amaran 1/5

For R1 - R3 : Mr.M.Sakthi Kumar Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition is filed seeking to direct the Respondents 2 and 3 herein not to harass the petitioners except under due process of law.

2. On receipt of the complaint lodged by the 4th petitioner, the 3rd respondent police is continuously subjecting the petitioners to harassment and hence, this petition.

3. The learned Government Advocate (Crl.Side) submitted that the 2nd petitioner is engaged in real estate and chit fund business, and that she had collected money from various persons but failed to repay the same. Hence, the present complaint has been lodged.

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

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

(a) With respect to the complaint received from the 4th respondent against the petitioners, the respondent-police shall issue written summons/notice under Section 62 Cr.P.C/64 BNSS, 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.

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6. With these directions, this Direction Petition stands disposed of.

09.02.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No gbg To 1.The Superintendent of Police, O/o The Superintendent of Police, Madurai District.

2.The Inspector of Police, District Crime Branch, Madurai District.

3.The Inspector of Police, Melur Police Station, Madurai District.

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

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L.VICTORIA GOWRI, J.

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