Sivaperumal @ Albert v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Sivaperumal @ Albert ... Petitioner Vs.

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

2.The Inspector of Police, Taluk Police Station, Dindigul, Dindigul District.

3.Selvapandiyan 4.Sudha ... Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, to direct the second respondent herein not to harass the petitioner under the guise of enquiry based on the false complaint preferred by the third and fourth respondents herein before the second respondent. For Petitioner : Mr.S.Sarvagan Prabhu For R1 & R2 : Mr.P.Kottaichamy, Government Advocate(Crl.side) 1/4

ORDER

The petitioner, with an allegation that the second respondent police is harassing him under the guise of an enquiry, has approached this Court.

2.The learned Government Advocate(Crl.side) appearing for the official respondents submits that they are not harassing the petitioner. In fact, the fourth respondent, who is none other than the mother-in-law of the petitioner, has lodged a complaint as against the petitioner that he illegally has taken the child from her custody. Further, he submits that originally, the child was in the custody of the mother, ie., wife of the petitioner. Since she got job opportunity in abroad, she left the child with her mother. Thereafter, the petitioner has forcibly taken the child from the custody of the fourth respondent. Therefore, the fourth respondent has lodged a complaint and the child is also now rescued and handed over to the fourth respondent. The petitioner has also given a statement before the second respondent Police that he will workout his remedy before the Family Court.

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3.The learned counsel appearing for the petitioner submits that the petitioner is the lawful guardian of the child and the fourth respondent is not having any authority to have the custody of the child. Since the mother of the child went abroad, the petitioner has taken the child as the father of the child.

4.Recording the submissions made on either side, this criminal original petition stands closed.

17.06.2025 NCC : Yes/No Index : Yes/No Internet:Yes gns To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Taluk Police Station, Dindigul, Dindigul District.

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B.PUGALENDHI,J gns 17.06.2025 4/4