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Madras High CourtCRL OP/21312/2025dismissed

S.Shalini v. The Superintendent Of Police,

2025-07-30Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30-07-2025

CORAM

THE HONOURABLE MR JUSTICE P. VELMURUGAN

1. S.Shalini W/o.Shanmugavel, 551, Kallumettu Street, Kozhai, Srimushnam Taluk, Cuddalore - 608 703.

Petitioner(s) Vs

1. The Superintendent of Police, District Superintendent of Police Office, Cuddalore District - 607 001.

2.The Inspector of police Srimushnam Police Station, Cuddalore - 608 703.

Respondent(s) PRAYER Criminal Original Petition is filed under Section 528 of BNSS, to direct the 2nd Respondent not to harass the petitioner herein as per the representation dated 19.07.2025 .

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For Petitioner(s):

Mr.N.Vijayaraj For Respondent(s):

Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

ORDER

Criminal Original Petition has been filed to direct the second respondentPolice not to harass the petitioner as per the petitioner's representation dated 19.07.2025.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents-Police and perused the materials available on record.

3. On a perusal of the records, it is seen that the respondents-Police registered a case in Crime No.55 of 2025 dated 25.3.2025 for the offences under Sections 191(2), 296(b),115(2), 351(3), 316(2), 318(4) and 61(2) of the Bharatiya Nyaya Sanhita 2023, against the petitioner's husband and four others. It is submitted by the learned counsel for the petitioner that the petitioner is 2/6

residing in her parents house and whereabouts of her husband, are not known. The respondents-Police are harassing the petitioner under the guise of enquiry.

4. Learned Government Advocate (Crl.Side) appearing for the respondents-Police submitted that petitioner's husband, who is A1 in Crime No.55 of 2025, had absconded. The anticipatory bail filed by her husband is pending before the trial Court. In order to escape from the investigation, the petitioner has filed this criminal original petition.

5. Admittedly, based on the complaint made by the complainant one Kumar, the respondents-Police registered a case in Crime No.55 of 2025 on 25.3.2025 for the offences under Sections 191(2), 296(b),115(2), 351(3), 316(2), 318(4) and 61(2) of the Bharatiya Nyaya Sanhita 2023, against the petitioner's husband and four others. The petitioner has not produced materials to show that she has been deserted by her husband and there is no talking terms despite the respondents-Police are harassing her. 3/6

6. In view of the above, this Court is not inclined to grant the relief as sought by the petitioner in this criminal original petition. The petitioner who is the wife of A1, is able to co-operate for investigation. Hence, the petitioner is directed to extend her fullest cooperation to the respondents-Police for completion of investigation. The respondents-Police are directed to secure the accused without waiting for the outcome of the anticipatory bail application said to have been filed by the accused.

7. With the above said direction, this criminal original petition is dismissed.

30-07-2025 mfa Index:Yes/No Speaking/Non-speaking order Internet:Yes 4/6

To 1.The Superintendent of Police, District Superintendent of Police Office, Cuddalore District - 607 001.

2.The Inspector of police Srimushnam Police Station, Cuddalore - 608 703.

3. The Public Prosecutor, High Court, Chennai.

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P.VELMURUGAN J.

mfa CRL OP No. 21312 of 30-07-2025 6/6