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2026 DAILYLAW 52656 (MAD)

S.Manoharan v. The State by Inspector of Police

CRL OP/19084/2026 · 2026-07-17

D Bharatha Chakravarthy

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

CRL OP No. 19084 of 2026 __________ Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-07-2026 CORAM THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY CRL OP No. 19084 of 2026 AND CRL MP NO. 12705 OF 2026 S.Manoharan S/o.Late.Subramanian, No.12, Municipal School North Street, Sathyamangalam, Erode District - 638 401. ..Petitioner(s) Vs 1. The State by Inspector of Police, All Women Police Station, Erode. 2. R.Nandhini W/o.R.B.Rajkumar, No.172, 1st Floor, Aithreya Colony, Thindal Medu, Erode Taluk-638 012. ..Respondent(s) PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, praying to call for the records pertaining to the SUMMONS dated 06.07.2026 in C.S.R.No.371 of 2026 on the file of the 1st Respondent and quash the same and thus render justice. For Petitioner(s): Mr.J.Titus Enock For Respondent(s): Mr.M.Mohamed Riyaz, Government Advocate (Crl. Side) for R1 Order The prayer in the Criminal Original Petition is to quash the summons dated 06.07.2026 in CSR No.371 of 2026, on the file of the first respondent. https://www.mhc.tn.gov.in/judis CRL OP No. 19084 of 2026 __________ Page2 of 4 2.Considering the nature of the case, the quash pension is disposed of at the admission stage without notice to the second respondent. It is seen that there is a matrimonial dispute between the second respondent and her husband. Therefore, if any complaint is given and an enquiry is being conducted in that regard, summons/notice can be issued only to the husband or such other relatives against which the allegations are made. Summons cannot be issued to the learned counsel appearing for the parties. This practice of issuing summons to the learned counsel has already been deprecated by this Court. In view thereof, it is clarified that the respondent police may continue with the preliminary enquiry; however, no summons shall be issued to the petitioner, and the petitioner, being an advocate, need not appear before the respondent police pursuant to such summons. 3.Accordingly, this Criminal Original Petition stands disposed of. The preliminary enquiry shall be concluded as expeditiously as possible, and, in any event, not later than two weeks from the date of receipt of the web copy of this order. Consequently, the connected Miscellaneous Petition is closed. 17-07-2026 Neutral Citation: Yes/No AH https://www.mhc.tn.gov.in/judis CRL OP No. 19084 of 2026 __________ Page3 of 4 To 1. The State by Inspector of Police, All Women Police Station, Erode. 2. The Public Prosecutor, High Court, Madras. https://www.mhc.tn.gov.in/judis CRL OP No. 19084 of 2026 __________ Page4 of 4 D.BHARATHA CHAKRAVARTHY J. AH CRL OP No. 19084 of 2026 AND CRL MP NO. 12705 OF 2026 17-07-2026 https://www.mhc.tn.gov.in/judis