Palanisamy v. The State Of Tamilnadu Rep. By The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-12-2025

CORAM

THE HONOURABLE MR JUSTICE A.D.JAGADISH CHANDIRA

1. Palanisamy

2. Veeramani

3. Elavarasan

4. Santhi

5. Ayyadurai Petitioner(s) Vs The State of Tamil Nadu Represented by the Inspector of Police All Women Police Station, Mangalamedu, Perambalur District.

Respondent(s) PRAYER Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to direct the respondent not to harass the petitioners under the guise of enquiry in the matrimonial dispute without following the procedure as contemplated under Section 35 of BNSS act and thus render justice.

For Petitioner(s):

Mr.P.Mani For Respondent(s):

Mr.S.Santhosh Government Advocate (Criminal Side)

ORDER

The present Criminal Original Petition has been filed seeking a direction to the respondent police not to harass the petitioners under the guise of enquiry.

2.

The case of the petitioners is that under the pretext of conducting an enquiry in connection with the existing matrimonial dispute between the son of the petitioners 1 and 4 and one Akila, the respondent Police are unnecessarily harassing them.

3.

Learned Government Advocate (Criminal Side), on instructions, submitted that based on the complaint given against the petitioners, the respondent Police are conducting an enquiry in C.S.R.No.303 2025 and that the petitioners were called only for enquiry and were not harassed during the enquiry.

4.

Such being the position, it is for the Investigating Agency to issue appropriate notice to the petitioners under Section 35(3) of BNSS for enquiry and on receipt of such notice, the petitioners shall appear for enquiry and cooperate in the investigation. It is made clear that the petitioners shall not be harassed during the course of enquiry. If any cognizable offence is made out, the respondent Police shall register a First Information Report and proceed in accordance with law.

5.

Accordingly, this Criminal Original Petition stands disposed of. 16-12-2025 mrn

To 1.The Inspector of Police, All Women Police Station, Mangalamedu, Perambalur District.

2.The Public Prosecutor, High Court of Madras.

A.D.JAGADISH CHANDIRA, J.

mrn CRL.O.P.No. 34230 of 2025 16-12-2025