Venkatesh Pandi v. The State Of Tamilnadu, Rep. By The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 12/02/2026

CORAM

THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI Venkatesh Pandi, ... Petitioner Vs

1. The State of Tamilnadu, Rep., By the Superintendent of Police,, Dindigul District, Dindigul..

2. The Deputy Superintendent of Police, Ottanchathiram,

3. The Deputy Superintendent of Police, Dindigul Town,

4. State of Tamilnadu Rep by Inspector of Police, Awps-Dindigul,

5. State of Tamilnadu Rep by Inspector of Police, Sempatti Police Station, Sempatti,

6. Parkavi,, D/o.Muthukrishnan, ... Respondents 1/6

PRAYER :- Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the respondents 4 and 5 herein not to harass the petitioner under the guise of enquiry by considering his representation dated 29.01.2026 except in accordance with due process of law and for other reliefs.

For Petitioner : Mr.J.Lawrance, For R1 to R5 : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side)

ORDER

This petition has been field seeking a direction to the respondents 4 and 5 herein not to harass the petitioner under the guise of enquiry by considering his representation dated 29.01.2026.

2. The learned counsel for the petitioner submitted that upon receipt of a complaint from the sixth respondent, the fourth respondent is harassing the petitioner. The sixth respondent is none other than the wife of the petitioner and they are already separated. Although the petitioner wishes to rejoin with his wife, at the instance of her father, she is compelling the petitioner to sign a petition for divorce by mutual consent. In this regard, the police are acting as an instrument to compel 2/6

the petitioner to comply with the designs of the sixth respondent and her father for separation.

3. The learned Government Advocate appearing for respondents 1 to 5 submitted that on an earlier occasion, the petitioner's wife, who is the sixth respondent herein had filed a complaint regarding a matrimonial dispute with the fourth respondent police. During the pendency of that complaint, the petitioner along with his friends went to the sixth respondent's paternal house and allegedly threatened her father, compelling him to withdraw the complaint filed with the fourth respondent. In this regard, the father of the sixth respondent lodged a complaint with the fifth respondent police, following which the petitioner was called for enquiry.

4. Heard both sides and perused the materials available on record.

5. In view of the above, if any complaint is received against the petitioner, the fourth respondent-police shall issue written summons/notice under Section 62 of Cr.P.C / 64 of BNSS, 2023, specifying the date, time, and purpose of enquiry. Oral or informal summons are prohibited.

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(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 petitioner shall be given prior written notice, enabling them to seek legal remedies including anticipatory bail.

6. With the above directions, this Criminal Original Petition is disposed of.

12.02.2026 TTA TO 1.The Superintendent of Police,, Dindigul District, Dindigul..

2. The Deputy Superintendent of Police, Ottanchathiram, 4/6

3. The Deputy Superintendent of Police, Dindigul Town,

4. The Inspector of Police, Awps-Dindigul,

5. The Inspector of Police, Sempatti Police Station, Sempatti, 5/6

L. VICTORIA GOWRI,J TTA

ORDER

IN CRL OP(MD) No.2881 of 2026 Date : 12/02/2026 6/6