Rakkayi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.12144 of 2025 Rakkayi ... Petitioner Vs

1. The Superintendent of Police, Theni District.

2. The Inspector of Police, All Women Police Station, Theni District.

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to issue a direction to the 2nd respondent police not to harass the petitioner, in connection with the summon issued to appear before the Judicial Magistrate, Additional Mahila Court, Theni in the name Seema on the basis of the petitioner's representation dated 05.06.2025. For Petitioner : Mr.M.Sankar For Respondents : Mr.P.Kottaichamy, Government Advocate (Crl. Side) 1/4

O R D E R

The petitioner has filed this petition that the respondent police is harassing her, under the guise of an enquiry. 2.Mr.P.Kottaichamy, learned Government Advocate (Crl. Side), who takes notice for the respondents submits that they are searching for an accused by name Seema, in CC No.344 of 2018, pending on the file of the Additional Mahila Court, Theni. The accused Seema has failed to appear before the Additional Mahila Court in the above case and therefore the learned Judge, Mahila Court has issued NBW as against to the said Seema on 09.07.2024. The respondent police got some input that this petitioner by name Rakkayi is that Seema and therefore they went in search of the petitioner. The petitioner evaded for interrogation and filed this petition that the respondent police is harassing her. According to the learned Government Advocate, the respondent police is having some materials that this petitioner is Seema, who is facing the NBW in CC No. 344 of 2018.

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3Considering the submissions of the learned Government Advocate (Crl.side), this Criminal Original Petition is disposed of with the following directions:- i. The petitioner is directed to appear before the respondent police, on the date specified by them.

ii. The respondent police shall ascertain as to whether the petitioner is Seema or not.

iii.If the petitioner is Seema, she can file an application before the Additional Mahila Court, Theni to recall NBW. iv.If it is otherwise, the respondent police shall not disturb/harass the petitioner.

23.07.2025 NCC : Yes/No Index : Yes/No vrn To

1. The Superintendent of Police, Theni District.

2. The Inspector of Police, All Women Police Station, Theni District.

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B.PUGALENDHI,J vrn Order made in Crl.OP(MD)No.12144 of 2025 23.07.2025 4/4