Citation : 2026 Latest Caselaw 2561 Mad
Judgement Date : 14 May, 2026
Crl.O.P.(MD).No.9474 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.05.2026
CORAM:
THE HONOURABLE MR.JUSTICE K.K. RAMAKRISHNAN
Crl.O.P(MD)No.9474 of 2026
P.Meenakshi ... Petitioner
Vs
1.State of Tamil Nadu rep. by
The Commissioner of Police,
O/o.Commissioner of Police,
Alagar Kovil Road,
Madurai.
2.State of Tamil Nadu rep. by
The Inspector of Police,
All Women Police Station,
Theeder Nagar Range,
Madurai City.
3.Satheesh Chokkanathan .... Respondents
PRAYER: Criminal Original Petition is filed under Section 528 of BNSS,
2023, to direct the 2nd respondent and her officials not to harass the petitioner
unnecessarily against law under the guise of enquiry in connection with the
complaint given by the 3rd respondent and further direct the 2nd respondent
police not to compel the petitioner to produce the minor child before the 2nd
respondent police station except in accordance with due process of law.
1/7
https://www.mhc.tn.gov.in/judis
Crl.O.P.(MD).No.9474 of 2026
For Petitioner : Mr.C.Arul Vadivel @ Sekar,
Senior Counsel for
Mr.S.Vanchinathan
For R1 & R2 : Mr.S.Ravi,
Additional Public Prosecutor
For R3 : Mr.K.Ganikalyan Rao,
Advocate
ORDER
The present Criminal Original Petition has been filed invoking Section
528 of the BNSS, seeking orders directing the 2nd respondent and her officials
not to harass the petitioner unnecessarily or contrary to law under the guise of
enquiry in connection with the complaint given by the 3rd respondent, and
further directing the 2nd respondent police not to compel the petitioner to
produce the minor child before the 2nd respondent police station except in
accordance with due process of law.
2. On the earlier occasion, i.e., on 13.05.2026, this Court directed the
petitioner and the 3rd respondent, along with their minor child, to appear
before this Court today.
https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.9474 of 2026
3. Today, the petitioner, the 3rd respondent, and the minor child are
present before this Court in person, and this Court interacted with them.
4. The 2nd respondent / Investigating Officer, Ms.N.Meena, Inspector of
Police, All Women Police Station, South Madurai City, is also present before
this Court in person.
5. Heard the learned counsel appearing for the petitioner, the learned
Additional Public Prosecutor appearing for respondents 1 and 2, and the
learned counsel appearing for the 3rd respondent, and perused the materials
available on record.
6. The 2nd respondent / Investigating Officer submitted that there was
no harassment on the part of the police department towards the petitioner. She
further submitted that, only for the purpose of completing the enquiry, the
petitioner was asked to appear before the police station along with the minor
child.
https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.9474 of 2026
7. The learned Senior Counsel appearing for the petitioner submitted
that the Investigating Officer has no jurisdiction to direct a party to appear
along with the minor child.
8. On the other hand, the learned counsel appearing for the 3rd
respondent submitted that the 3rd respondent had lodged a complaint against
the petitioner, and that the petitioner was called by the police officer merely
for the purpose of enquiry.
9. In view of the above submissions made by the parties, and also the
statement of the Investigating Officer that the petitioner had not been
harassed, this Court is inclined to issue a direction to the 2nd respondent
police to complete the enquiry. Accordingly, the 2nd respondent police is
directed to complete the enquiry in accordance with law forthwith, and is
further directed not to harass the petitioner.
https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.9474 of 2026
10. With the above direction, this Criminal Original Petition is disposed
of.
14.05.2026
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
mkn/dss
To
1.The Commissioner of Police,
O/o.Commissioner of Police,
Alagar Kovil Road,
Madurai.
2.The Inspector of Police,
All Women Police Station,
Theeder Nagar Range,
Madurai City.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.9474 of 2026
K.K. RAMAKRISHNAN, J.
mkn/dss
14.05.2026
https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.9474 of 2026
https://www.mhc.tn.gov.in/judis
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