P. Maheswari v. The State Of Tamilnadu, Rep. By Its Additional Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.12.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI 1.P.Maheswari 2.A.Dhanushkodi ... Petitioners Vs.

1.The State of Tamil Nadu Rep. by its, Additional Superintendent of Police, District Collectorate, Virudhunagar.

2.The Inspector of Police, East Police Station, Virudhunagar.

3.The Inspector of Police, Bazaar Police Station, Virudhunagar.

4.The Inspector of Police, West Police Station, Virudhunagar.

... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023, to direct the respondent Police not to harass the petitioners. For Petitioners : Mr.G.Aravindthan for M/S.Aram Legal Consultancy For Respondents : Mr.S.Ravi, (for R1 and R2) Additional Public Prosecutor 1/5

ORDER

Seeking a direction to the respondent Police not to harass the petitioners, this petition is filed.

2.The learned counsel appearing for the petitioners submitted that the petitioners are wife and father of one Prabhakaran, who had absconded, due to business loss. Due to which, the respondents police are allegedly continuing to harass the petitioners.

3.However, the learned Additional Public prosecutor submitted that the respondents police would look into the matter in accordance with law.

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

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

(a) With respect to the complaint received against the petitioners, the second respondent police shall issue written summons/notice under Section 62 2/5

of Cr.P.C/64 of 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 him to seek legal remedies including anticipatory bail. (d) If the dispute is found to be civil dispute, the complaint shall be closed forthwith, without any coercive or intimidatory action.

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

19.12.2025 NCC : Yes / No Index : Yes / No vsg 3/5

TO:- 1.The Additional Superintendent of Police, District Collectorate, Virudhunagar.

2.The Inspector of Police, East Police Station, Virudhunagar.

3.The Inspector of Police, Bazaar Police Station, Virudhunagar.

4.The Inspector of Police, West Police Station, Virudhunagar.

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

4/5

L.VICTORIA GOWRI, J.

vsg Order made in Dated 19.12.2025 5/5