W.P.(MD)No.1561 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2025 CORAM: THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR W.P.(MD)No.1561 of 2025 Meena .. Petitioner Vs 1. The Superintendent of Police Madurai District Madurai 2. The Deputy Superintendent of Police Samayanallur Sub Division Samayanallur Madurai District 3. The Inspector of Police Nagamalaipudukkottai Station Nagamalaipudukkottai Madurai. .. Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents to take action of the complaint of the petitioner dated 09.11.2024 within a time frame as fixed by this Court. 1/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.1561 of 2025 For Petitioner : Mr.P.Santhanakrishnan For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor ORDER This Writ Petition has been filed to direct the respondents to take action of the complaint of the petitioner dated 09.11.2024 within a time frame as fixed by this Court. 2. The grievance of the petitioner is that earlier she lodged a complaint on 16.10.2024 against her husband and in-laws for the assault for which a case has been registered in Crime No. 409 of 2024 for the offences under Sections 296(b),115(2)a and 351(2) of BNS. According to the petitioner though serious offences are committed by the accused persons the respondent police has registered a case for a lesser offence. The custody of the two minor children was forcibly taken by her estranged husband for which she has filed a Habeus Corpus Petition before this Court in HCP(MD) No. 779 of 2024 and this Court by an order had directed protection of the children and thereafter this Court had interacted with them and directed the children to be handed over to the 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.1561 of 2025 petitioner/mother and visitation righs was given to her estranged husband, paternal grand parents and aunt during the weekends. This being so, the children have been forcibly taken from the petitioner’s custody. The petitioner has sent a representation of 09.11.2024,but no action has been taken, hence the above petition has been filed. 3. The learned Additional Public Prosecutor submitted that the petitioner claims that she was beaten by her husband and in-laws and she suffered injuries, thereafter First Information Report has been registered. Prior to it she had filed a Habeus Corpus Petition before this Court seeking custody of the children who were forcibly taken from the home and on the direction of this Court the custody of the children was handed over to the petitioner/mother. Now the petitioner claims that the childrens are forcibly taken away. He further submitted that the Inspector of Police, Nagamalaipudukottai would investigate the case, consider the representation of the petitioner and ensure that the minor children are with the petitioner and ensure that there is forcible abduction by the in- laws otherwise it would amount to disobeying the orders passed by this Court in HCP(MD) No.779 of 2024 and appropriate action would be 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.1561 of 2025 taken. With regard to the other contention of the petitioner the same would be considered. 4. In view of the same, the petitioner is directed to appear before the Inspector of Police, All Women Police Station, Samayanallur Police Station, Madurai District to conduct investigation in this regard. The Inspector of Police, Nagamalai Pudukottai is directed to transmit the entire case papers in connection with the petitioner's complaint to the Inspector of Police, All Women Police Station, Samayanallur Police Station, Madurai District forthwith, who shall conduct investigation and dispose of the same in accordance with law. 5. With the above direction the Writ Petition stands disposed of. No costs. 22.01.2025 Index: Yes/No Internet : Yes/No aav 4/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.1561 of 2025 To 1. The Superintendent of Police Madurai District Madurai 2. The Deputy Superintendent of Police Samayanallur Sub Division Samayanallur Madurai District 3. The Inspector of Police Nagamalaipudukkottai Station Nagamalaipudukkottai Madurai. 4. The Inspector of Police All Women Police Station, Samayanallur Police Station, Madurai District 5. The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai. 5/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.1561 of 2025 M.NIRMAL KUMAR, J. aav W.P.(MD)No.1561 of 2025 22.01.2025 6/6 https://www.mhc.tn.gov.in/judis