Syed Zabiullah v. The State Represented By Its, Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.04.2026

CORAM

THE HONOURABLE MR. JUSTICE M. NIRMAL KUMAR Syed Zabiullah ..Petitioner Vs.

1.

The State rep. by its Inspector of Police, W16 - Pulianthope AWPS, Chennai -12.

2.

Shaheen Fathima ..Respondents Prayer:

Criminal Original Petition filed under Section 528 of BNSS to issue a direction to the respondent Police not to harass the petitioner under the guise of enquiry in connection with the complaint dated nil lodged by the de facto complainant namely Mrs. Shaheen Fathima. For Petitioner ::

Mr.S. Mohamed Ziauddin For Respondents ::

Mr.Leonard Arul Joseph Selvam Addl. Public Prosecutor for R1 1\4

O R D E R

This criminal original petition is filed for a direction to the respondent Police not to harass the petitioner under the guise of enquiry in connection with the complaint lodged by the de facto complainant. 2.

The petitioner states that the de facto complainant/2nd respondent is none other than his wife and on the frequent complaints made by her, he is facing harassment at the hands of the respondent Police. 3.

The case of the petitioner is that the marriage between him and the 2nd respondent took place on 29.06.2024 and out of the said wedlock, they are blessed with a minor son Syed Ruhan aged one year. Due to matrimonial discord, the petitioner and the 2nd respondent are living separately. Earlier, the petitioner had lodged a complaint for which CSR No. 146 of 2025 was assigned by W17, Sembium, All Women Police Station, Chennai, enquiry was conducted and closed. Subsequently, the 2nd respondent preferred another complaint on 14.02.2026 before the respondent Police against the petitioner. Pursuant to the same, enquiry was conducted and closed asking the 2nd respondent to work out her remedies before the competent Court of law. Thereafter, again, on a similar complaint, lodged 2\4

by the 2nd respondent on 22.03.2026, the respondent Police are calling the petitioner for enquiry and causing harassment. Hence, the present petition. 3.

Learned Additional Public Prosecutor for the 1st respondent would submit that earlier, when complaint was received from the 2nd respondent, the same was enquired and closed. Now, the present complaint has been received from the Commissioner of Police in C. No. PG/1607/011557/26 and after enquiry and also considering the past enquiries and closures, appropriate steps will be taken. He would further submit, if required, notice will be issued to the petitioner and thereafter, he will be called for enquiry.

4.

In view of the above submission made by the learned Additional Public Prosecutor, recording the same, this criminal original petition is disposed of.

09.04.2026 nv To

1. Inspector of Police, W16 - Pulianthope AWPS, Chennai -12.

3\4

M. NIRMAL KUMAR,J.

nv

2. The Public Prosecutor, High Court, Madras.

09.04.2026 4\4