Madras High CourtWP Crl./559/2025disposed of

Sahina Beevi v. The Superintendent Of Police,

2025-08-12Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR Sahina Beevi Petitioner Vs

1. The Superintendent of Police, Chengalpattu District, Chengalpattu 2.The Inspector of Police, District Crime Branch, Chengalpattu District.

Respondent(s) PRAYER Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Madamus to direct the respondents to decide the representation of the petitioner dated 21.05.2025 and 03.08.2025 in accordance with law, and further to direct the respondents not to Harass the petitioner. For Petitioner :

Mr.P.Pugalenthi For Respondents:

Mr.R.Vinothraja for R1 and R2 Government Advocate (Crl.Side) 1/5

ORDER

This petition has been filed to direct the respondents to decide the representation of the petitioner dated 21.05.2025 and 03.08.2025 in accordance with law, and further to direct the respondents not to Harass the petitioner.

2. Learned counsel for the petitioner submitted that a case has been registered in Cr.No.9 of 2025 under Section 420 and 506(i) of IPC against petitioner's husband viz., Haja Nizamuddin on the basis of the false complaint given by one Dawood. Hence, the petitioner made a complaint on 21.05.2025 to the authorities regarding the illegal arrest and imprisonment of her husband. After judicial custody for a period of 60 days, the 2 nd respondent/Police served a summon to the petitioner's husband to attend the enquiry. Due to his ill-health, the petitioner's husband was not able to attend enquiry on 04.08.2025. Therefore, the petitioner sent a request letter dated 03.08.2025 to the respondents to postpone the hearing to another date and not to harass her husband under the guise of enquiry, but the same was not considered till date. 2/5

3..The learned Government Advocate (Crl.Side) appearing for the respondent police submits that the police called the petitioner's husband for enquiry in the pending FIR in Crime No.9 of 2025. The case where the FIR is pending against the petitioner, there is no scope for this Court to entertain the petition under Section 482 of Cr.P.C.

4. In such view of the matter, once the regular FIR has been registered, the question of "Not to harass" will not arise. Any direction issued by this Court at this stage will amount to interfering with the investigation conducted by the respondent police. Hence, it is for the Investigation Officer to proceed with the investigation as per law by following all the procedures.

5. With the above direction, this petition is disposed of. 12-08-2025 msv Index:Yes/No Speaking/Non-speaking order Internet:Yes 3/5

To 1.The Superintendent of Police, Chengalpattu District, Chengalpattu.

2.The Inspector of Police, District Crime Branch, Chengalpattu district.

4/5

N. SATHISH KUMAR,J.

msv 12-08-2025 5/5