Thilageswari v. The State Of Tamilnadu Rep.By,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Thilageswari ... Petitioner Vs.

1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, All Women Police Station, Thilagar Thidal, Madurai City.

3.Alagendra Kumar ... Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, to direct the second respondent not to harass the petitioner under the guise of enquiry.

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For Petitioner : Mr.K.Sathish Kumar For R1 to R2 : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor

ORDER

The petitioner with an allegation that on the complaint of her husband, the respondent police is harassing her under the guise of an enquiry has approached this Court.

2.According to the petitioner, the marriage between her and the third respondent is a love marriage and they married in the year 2008. They are having two children. The petitioner's husband developed intimacy with another woman and also married her, when the first marriage was still in existence. Therefore, the petitioner has lodged a complaint as against her husband before the respondent Police. Since the respondent Police refused to register a case, the petitioner has filed a 2/6

petition before the learned Judicial Magistrate No.4, Madurai to direct the respondent Police to register a case. Only thereafter, the respondent Police has registered a case as against the third respondent in Cr.No.11 of 2025. However, they have not conducted any investigation. In the meantime, on the influence of the third respondent, the respondent Police is harassing the petitioner. Therefore, the petitioner filed the present petition.

3.The learned Additional Public Prosecutor appearing for the official respondents submits that the petitioner has retained some of the certificates of the third respondent and therefore, a complaint was lodged as against her. According to the learned Additional Public Prosecutor, the children are with the husband. 4.The learned counsel appearing for the petitioner disputes the same and submits that the certificates have 3/6

already been handed over to the third respondent in the presence of the Mediator. Even then, the respondent Police is harassing the petitioner.

5.This Court has considered the submission made on either side and perused the available records. 6.It is only a matrimonial dispute and the respondent Police are not supposed to harass the petitioner. In the event, if they feel if any complaints have been lodged, they can refer the same to the Social Welfare Officer. Accordingly, this criminal original petition is allowed with a direction to the respondent Police not to harass the petitioner.

28.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes gns 4/6

To 1.The Commissioner of Police, Madurai City, Madurai.

2.The Inspector of Police, All Women Police Station, Thilagar Thidal, Madurai City.

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

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B.PUGALENDHI,J gns 28.07.2025 6/6