Akbar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.06.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI 1.Akbar 2.Abbas 3.Sabiya 4.Abdullah ... Petitioners Vs.

1.The Commissioner of Police, O/o the Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, All Woman Police Station, Anna Nagar, Madurai City, Madurai.

3.Jennath Nisha ... Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, to direct the respondents No.1 & 2 not to harass the petitioners except under due process of law.

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For Petitioners : Mr.J.Mohamed Ibrahim For R1 & R2 : Mr.P.Kottai Chamy Government Advocate

ORDER

The petitioners with an allegation that the respondent police is harassing them under the guise of an enquiry have approached this Court.

2.The learned Government Advocate(Crl.side) appearing for the official respondents submits that the third respondent is the wife of the first petitioner. Based on the complaint given by the third respondent, an enquiry has been initiated and the matter has also been referred to the Social Welfare Officer. However, the petitioners are not co-operating before the Social Welfare Officer and therefore, the petitioners were only reminded to appear before the Social Welfare Officer by the respondent Police and they are not harassing the petitioners. Further, he submits that the third respondent has already filed a writ petition before this Court in WP.(MD)No.8583 of 2025 seeking a direction to the respondent Police to conclude the enquiry and the same was disposed of, vide order dated 2/5

28.03.2025, with a direction to the respondent Police to conclude the enquiry within a period of one week.

3.Since the complaint of the third respondent has already been referred to the Social Welfare Officer, the petitioners are directed to appear before the Social Welfare Officer and the respondent Police shall not harass the petitioners during enquiry. In the event, if any cognizable offence is made out, then, it is open to the respondent Police to register a case as against the petitioners. Accordingly, this criminal original petition is closed.

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To 1.The Commissioner of Police, O/o the Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, All Woman Police Station, Anna Nagar, Madurai City, Madurai.

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

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