Vijaya v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 26.03.2025

CORAM:

THE HON'BLE MR.JUSTICE P. DHANABAL Crl.O.P(MD).No.5559 of 2025 Vijaya .. Petitioner Vs.

1.The State of Tamil Nadu rep., by the Superintendent of Police, Trichy District, Trichy.

2.The Deputy Superintendent of Police, Musiri Range, Trichy District.

3.The Inspector of Police, Musiri AWPS Police Station, Trichy District.

4.The Inspector of Police (L&O), Musiri Police Station, Trichy District.

5.Madhusha .. Respondents Prayer : Petition is filed under Section 528 of BNSS to direct the third respondent police to not to harass the petitioner in the guise of enquiry on the alleged complaint given by the fifth respondent herein, on the basis of petitioner's representation /complaint dated 15.03.2025 made to the first respondent.

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For Petitioner : Mr.P.M.Vishnuvarthanan For R1 to R4 : Mr.M.Sakthi Kumar Government Advocate (Crl.side)

ORDER

This petition is filed by the petitioner to direct the third respondent police not to harass the petitioner in the guise of enquiry based on the complaint given by the fifth respondent by considering his representation /complaint, dated 15.03.2025.

2. According to the petitioner, the fifth respondent is her daughterin-law. The petitioner's son, who is the husband of the fifth respondent, is residing in abroad. While so, the fifth respondent lodged a complaint against the petitioner before the fourth respondent. Based on the same, the third respondent frequently called the petitioner for enquiry without any reason. Therefore, she sent a representation on 15.03.2025 and the same was not considered. Hence, she filed this petition. It is also submitted that cases in H.M.O.P.Nos.18 and 19 of 2025 are pending before the Subordinate Court, Musiri.

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3. The learned Government Advocate (Crl.side) appearing for the respondents 1 to 4, on instructions, would submit that there is a matrimonial dispute between the petitioner's son and the fifth respondent , thereby both parties have filed a petition in H.M.O.P.Nos.18 and 19 of 2025 and the same are pending. While so, the fifth respondent lodged a complaint against the petitioner and the same was closed. For enquiry purpose, the respondent-police called the petitioner, apart from that, they have not harassed the petitioner. He further would submit that the petitioner's complaint was registered in CSR.No.637 of 2024, in which, enquiry was conducted and closed.

4. Considering the limited prayer sought for in this petition, this Court even without issuing notice to the fifth respondent, is inclined to pass order.

5. The prayer sought for in this petition is to direct the third respondent not to harass the petitioner under the guise of enquiry based on the complaint given by the fifth respondent. The learned Government Advocate (Crl.side ) submitted that the third respondent received a 3/6

complaint from the fifth respondent and called the petitioner only for enquiry purpose and now, that petition was closed and the respondentpolice has not harassed the petitioner. It is also an admitted fact that both parties have filed petition before the appropriate Court under the Hindu Marriage Act and the same are pending. In view of the same, recording the submission of the learned Government Advocate (Crl.side), this Criminal Original Petition is closed.

26.03.2025 NCC : Yes/No Index : Yes/No Internet: Yes/No Rmk To:

1.The Superintendent of Police, Trichy District, Trichy.

2.The Deputy Superintendent of Police, Musiri Range, Trichy District.

3.The Inspector of Police, Musiri AWPS Police Station, Trichy District.

4.The Inspector of Police (L&O), Musiri Police Station, Trichy District.

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5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P. DHANABAL ,J.

Rmk Crl.O.P(MD).No.5559 of 2025 26.03.2025 6/6