P.Periyathambi v. The Superintendent Of Police - Theni

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 06/01/2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI CRL OP(MD). No.20 of 2026 P.Periyathambi ... Petitioner Vs 1.The Superintendent of Police, Theni District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Theni.

3.The Inspector of Police, Veerapandi Police Station, Theni.

4.S.Krishnasamy 5.Thamarai Selvi 6.A.Raguvaran ... Respondents PRAYER :-Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the respondents 1 to 3 herein to take action against the respondents 4 to 6 in connection with the complaint of the petitioner dated 29.09.2025 concerned in Crime No.407 of 2025 on the file of the Inspect of Police, Veerapandi Police Station, Theni. 1/6

For Petitioner : Mr.K.Appadurai For Respondents : Mr.M.Sakthi Kumar (R1 to R3) Government Advocate (Crl.side)

ORDER

Seeking to direct the respondents 1 to 3 to take appropriate action against the respondents 4 to 6 in connection with the petitioner's complaint dated 29.09.2025 in Crime No.407 of 2025, this criminal original petition is filed.

2.Considering the nature of the order to be passed, notice to the respondents 4 to 6 is dispensed with.

3.The learned counsel for the petitioner submitted that the petitioner, a senior citizen and retired Special Sub-Inspector of Police, has been continuously subjected to harassment and is living under constant fear for his life, apprehending that he may be killed at the instance of respondents 4 to 6. It is further submitted that the fifth respondent is the wife of the petitioner, and that she is presently residing with the sixth respondent, whom the petitioner alleges to be her 2/6

paramour. The petitioner apprehends danger to his life and property at the hands of respondents 4 to 6.

4.Per contra, the learned Government Advocate (Crl.), on instructions, submitted that the very same petitioner had earlier filed a criminal original petition in Crl.O.P(MD).No.23805 of 2025 before this Court Seeking police protection and the same was disposed of vide order dated 02.01.2026 directing the second the third respondents police to look into the matter and afford appropriate police protection if necessary. In this regard, already the third respondent police is looking into the matter and has taken indulgence. Hence, this criminal original petition is a new way of getting a favorable order from this Court seeking to take action in respect to the same crime and sought for dismissal of the petition.

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

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6.No doubt, the petitioner himself is a retired Special SubInspector of Police, on whose complaint, already the third respondent police has registered a First Information Report in Crime No.407 of 2025 that too an allegation as against his own wife, who is also a senior citizen, that she is maintaining an illicit relationship with the sixth respondent, who is of her son's age. Since the police has already filed a first information report, obviously, the third respondent will have to investigate the matter and proceed in accordance with the law. At the instance of the petitioner, already criminal action has been initiated as against the responders 4 to 6, recording the same, this Criminal Original Petition is disposed of.

06.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes/ No Rmk 4/6

To 1.The Superintendent of Police, Theni District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Theni.

3.The Inspector of Police, Veerapandi Police Station, Theni.

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

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L.VICTORIA GOWRI ,J Rmk CRL OP(MD). No.20 of 2026 Date : 06/01/2026 6/6