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Madras High CourtCRL OP(MD)/23280/2025disposed of

Pappa v. The State Of Tamilnadu, Rep By The Superintendent Of Police,

2025-12-18Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :18.12.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.23280 of 2025 Pappa ... Petitioner Vs.

1.The State of Tamil Nadu, represented by the Superintendent of Police, Tenkasi District.

2.The State of Tamil Nadu, Represented by the Deputy Superintendent of Police, Alangulam Division, Tenkasi District.

3.The State of Tamil Nadu, Represented by the Inspector of Police, Kadayam Police Station, Tenkasi District.

4.Dharmaraj ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the respondent Nos.1 to 3 not to harass the petitioner in 1/6

connection with the complaint made by the fourth respondent on the file of the third respondent Police under the guise of enquiry by considering the petitioner's representation dated 06.12.2025. For Petitioner : Mr. S.Vishnuvardhan For R-1 to R-3 : Mr.M.Sakthi Kumar, Government Advocate (Crl. side)

ORDER

This Criminal Original Petition has been filed seeking a direction to respondent Nos.1 to 3 not to harass the petitioner in connection with the complaint made by the fourth respondent on the file of the third respondent Police, under the guise of enquiry, by considering the petitioner's representation dated 06.12.2025.

2. The learned counsel appearing for the petitioner submitted that the fourth respondent is the husband of the petitioner herein. Owing to matrimonial disputes, several issues have arisen between them, as a result of which the fourth respondent lodged a complaint before the third respondent Police. It is further submitted that the third respondent is insisting upon the petitioner to re-settle the property standing in her name, which had already been settled by the fourth respondent in favour 2/6

of the petitioner and their two children. Therefore, the petitioner seeks the indulgence of this Court.

3. Per contra, Mr.M.Sakthi Kumar, learned Government Advocate (Criminal Side), appearing for the respondent Police, on instructions, submitted that the petitioner is a senior citizen aged about 65 years and the fourth respondent is also a senior citizen aged about 72 years. It is further submitted that in their twilight years, the petitioner is refusing to take care of the fourth respondent and that the petitioner had taken away the bank passbook of the fourth respondent along with a sum of Rs.30,000/- belonging to him. In this regard, a complaint has been lodged and enquiry has been initiated.

4. At this juncture, the learned counsel appearing for the petitioner submitted that the daughter of the petitioner had fallen in love with a person belonging to a different caste, which was not acceptable to the fourth respondent. Heeding to the wishes of her daughter, the petitioner arranged the marriage of her daughter, which was scheduled 3/6

to be held on 05.11.2025. In this background, the allegations made against the petitioner are false and motivated.

5. Heard the learned counsel appearing on either side and carefully perused the materials available on record.

6. This Court in CRL.A.(MD)No.17 of 2018 and CRL.RC(MD)Nos.558 of 2021, 741 of 2022 and 1212 of 2025, dated 31.10.2025, has, time and again, held that senior citizen / women, who are enduring difficult family circumstances in the Indian social and family system, should not be subjected to mental or emotional harassment by the police under the guise of enquiry, especially when they are seeking to protect their lawful rights.

7. Accordingly, the third respondent is directed to forthwith close the enquiry and extend necessary protection to the petitioner. 4/6

8. With the above directions, this Criminal Original Petition is disposed of.

18.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No TSG To 1.The Superintendent of Police, Tenkasi District.

2.The Deputy Superintendent of Police, Alangulam Division, Tenkasi District.

3.The Inspector of Police, Kadayam Police Station, Tenkasi District.

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

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L.VICTORIA GOWRI, J.

TSG CRL OP(MD)No.23280 of 2025 18.12.2025 6/6