BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :02.12.2025 CORAM THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.21972 of 2025 Thangamani ... Petitioner Vs.

1. State of Tamil Nadu, Rep. by The Superintendent of Police, Karur district, Karur.

2. The Inspector of Police, Lalapettai Police Station, Karur District.

3. The Inspector of Police, Thanthonimalai Police Station, Karur District.

4. Ganapathi ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the 2^nd and 3^rd respondents not to harass the petitioner and her family members in the guise of enquiry, by considering the representation dated 22.11.2025.

For Petitioner : Mr. V. Karuna For R-1 to R-3 : Mr.M.Sakthi Kumar, Government Advocate (Crl. side)

ORDER

This Criminal Original Petition has been filed to direct the 2^nd and 3^rd respondents not to harass the petitioner and her family members in the guise of enquiry, by considering the representation dated 22.11.2025.

2. Considering the nature of the relief sought for, notice to the

4^th respondent is dispensed with.

3. The learned counsel for the petitioner submitted that there is a civil dispute between the petitioner and the 4^th respondent. He further submitted that the 4^th respondent filed a complaint, leading to a summons for enquiry at the 3^rd respondent police Station. Despite the dispute being civil in nature, the 2^nd and 3^rd respondent police are allegedly pressuring the petitioner to appear, causing harassment.

4. However, the learned Government Advocate, Mr.M.Sakthi Kumar (Crl.side) on instructions, submitted that an enquiry is pending on the complaint given by the 4^th respondent against the petitioner and the same will be concluded within a short period of time.

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) If any complaint is received against the petitioners, 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. 02.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Sml To

1. The Superintendent of Police, Karur district, Karur.

2. The Inspector of Police, Lalapettai Police Station, Karur District.

3. The Inspector of Police, Thanthonimalai Police Station, Karur District.

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

L.VICTORIA GOWRI, J.

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02.12.2025