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T.Santhanapandi v. The State of Tamil Nadu

Madras HC5 Feb 2025CRL OP(MD)/1989/2025

Case brief

AI extract

What is this about?

Section 528 BNSS direction petition; police enquiry harassment complaint by wife; C.S.R.No.26 of 2025 registered by All Woman Police Station, Manamadurai (Sivagangai District); matrimonial dispute and divorce petition H.M.O.P.No.20 of 2025, Sub Court, Thirumangalam; time-bound completion of CSR enquiry within one week on merits and in accordance with law; Additional Public Prosecutor submission; disposal (not dismissal) of Criminal Original Petition; Madurai Bench of Madras High Court; single-judge order dated 05.02.2025.

What did the court decide?

Direction to the second respondent (Inspector of Police, All Woman Police Station, Manamadurai) to complete the enquiry within a week from the date of the order, on merits and in accordance with law; petition otherwise disposed of with the said observations and direction. ¶23

T.Santhanapandi Vs The State of Tamil Nadu — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether a direction should issue restraining the second respondent police from harassing the petitioner in the name of enquiry, in the backdrop of a matrimonial dispute, a pending divorce petition, and a complaint lodged by the third respondent (the petitioner's wife). +1 more

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Ratio / Principle

Since the enquiry was pending before the second respondent, this Court considered it appropriate to direct the second respondent to complete the enquiry within a week from the date of the order, on merits and in accordance with law, and disposed of the Criminal Original Petition with that observation and direction.

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Detailed headnote1 paragraphs

Madras High Court, Madurai Bench — Crl.O.P(MD)No.1989 of 2025, decided 05.02.2025 (P. Dhanabal, J.). Criminal Original Petition under Section 528 of BNSS by a husband seeking a direction that the second respondent police (All Woman Police Station, Manamadurai) not harass him in the name of enquiry. According to the petitioner, the third respondent (Saranya) is his wife; a matrimonial dispute was pending, a divorce petition (H.M.O.P.No.20 of 2025, Sub Court, Thirumangalam) had been filed by the petitioner, and the third respondent thereafter lodged a complaint on which the police registered C.S.R.No.26 of 2025 and began enquiry. The learned Additional Public Prosecutor submitted that the enquiry was pending and would be completed within a week, and that no harassment had occurred during the enquiry. Holding that the enquiry being pending before the second respondent, the Court disposed of the petition directing the second respondent to complete the enquiry within a week from the date of the order, on merits and in accordance with law.

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 05.02.2025

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CORAM

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THE HONOURABLE MR.JUSTICE P. DHANABAL

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Crl.O.P(MD)No.1989 of 2025

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T.Santhanapandi ... Petitioner

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The State of Tamil Nadu, Rep by the Superintendent of Police, Sivagangai District, Sivagangai.

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The Inspector of Police, All Woman Police Station, Manamadurai, Sivagangai District.

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Saranya ... Respondents

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PRAYER: Criminal Original petitions have been filed under Section 528 of BNSS to direct the second respondent herein not to harass the petitioner in name of enquiry and without due process of law.

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: Mr.P. Venkatesan,

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: Mr.R.M.Anbunithi Additional Public Prosecutor

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https://www.mhc.tn.gov.in/judis

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O R D E R

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This Criminal Original Petition has been filed seeking to direct the second respondent herein not to harass the petitioner in name of enquiry.

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2.According to the petitioner, the third respondent is the wife of the petitioner and there is a family dispute pending between them and already a petition seeking divorce has been filed in H.M.O.P.No.20 of 2025, before the Sub Court, Thirumangalam and the same is pending. Already the third respondent demanded to transfer the property, which stands in the name of the mother of the petitioner to her name or otherwise she is not ready to live with the petitioner. Thereafter, the petitioner has filed the divorce petition, for which, the third respondent has lodged the present complaint. Based on the same, the respondent police started to harass the petitioner. Therefore, this petition has been filed.

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3.The learned Additional Public Prosecutor appearing for the respondent police 1 and 2 would submit that based on the complaint given by the third respondent, C.S.R.No.26 of 2025 has been registered and the

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https://www.mhc.tn.gov.in/judis

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same is pending and the respondent police will complete the enquiry within a period of one week. He would further submit that during the enquiry proceedings, they have not harassed the petitioner.

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4.Since the enquiry is pending before the second respondent, it is

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appropriate to direct the second respondent to complete the enquiry within a week. Accordingly, the second respondent is directed to complete the enquiry within a week from the date of this order on merits and in accordance with law.

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5.With the above observations and direction, this Criminal Original Petition is disposed of.

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05.02.2025

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Internet :Yes Index :Yes/No NCC :Yes/No LR

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https://www.mhc.tn.gov.in/judis

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