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Madras High CourtCRL OP(MD)/5922/2025disposed of

Shahul Hameed v. The State Of Tamil Nadu

2025-04-01Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.04.2025

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL Shahul Hameed .. Petitioner Vs.

1. The Superintendent of Police Theni District, Theni

2. The Inspector of Police All Women Police Station Periyakulam, Theni District 3.S.Rijawan Parwin .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent to not to harass or ill treat the petitioner or his family members on the guise of enquiry in connection with the matrimonial dispute at the instance of the third respondent. For Petitioner : Mr.M.Jerin Mathew For Respondents : Mr.M.Sakthi Kumar No.1 and 2 Government Advocate(Crl.Side) No.3 : Mr. K.Althaf Sheriff for M/s.Ajmal Associates 1/5

ORDER

This Criminal Original Petition has been filed by the petitioner to direct the second respondent to not to harass the petitioner in connection with the matrimonial dispute at the instigation of the third respondent and to pass further orders.

2. The learned counsel appearing for the petitioner would submit that the third respondent is the wife of the petitioner and she lodged a complaint as against the petitioner with false allegations for the matrimonial dispute. Based on the same the second respondent frequently called the petitioner to appear for enquiry. Already cases are pending between the petitioner and the third respondent in respect of matrimonial issues, whileso suppressing the said fact the third respondent lodged the complaint, therefore the present petition has been filed.

3. The learned Government Advocate(Crl.Side) appearing for the respondents 1 and 2 would submit that based on the complaint given by the third respondent they called the petitioner for enquiry through summons. After receipt of summons they have approached this Court and 2/5

they have not harassed the petitioner as alleged in the petition, thereby the petition is liable to be dismissed.

4. The learned counsel appearing for the third respondent would submit that the third respondent lodged a complaint against the petitioner and his family members before the second respondent for the harassment made by them.

5. Considering the limited scope of prayer sought for in this petition and also recording the submission made by the learned Government Advocate(Crl. Side) that they have not harassed the petitioner and they have called the petitioner only for enquiry, this Court is inclined to dispose of the petition.

6. In view of the same, the petitioner is directed to appear before the second respondent for enquiry on 12.03.2025 and the second respondent is thereafter directed to conduct enquiry and dispose of the same within a period of one week from the date of receipt of this order. 3/5

7. With the above direction, the Criminal Original Petition stands disposed of.

01.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No aav To

1. The Superintendent of Police Theni District, Theni

2. The Inspector of Police All Women Police Station Periyakulam, Theni District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.DHANABAL,J.

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