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Crl.O.P(MD)No.1522 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 28.01.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

Crl.O.P(MD)No.1522 of 2026

Indhumathi ... Petitioner/Defacto Complainant

Vs.

1.The Superintendent of Police,

Dindigul District, Dindigul.

2.The State of Tamilnadu Rep by,

The Inspector of Police,

Dindigul All Women Police Station,

Dindigul District.

Cr.No.5 of 2023 ... Respondents/Complainant

3.Devi ... Respondent/2^nd Accused

Prayer : Criminal Original Petition is filed under Section 528 of BNSS,

2023, to direct the respondents 1 and 2 to comply the order passed by

the learned Judicial Magistrate, Additional Mahila Court, Dindigul in

Crl M.P.No.13501 of 2023 dated 23.10.2025.

For Petitioner : Mr.R.Murugaboopathy

For R1 & R2 : Mr.M.Sakthi Kumar

Government Advocate (Crl.Side)

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Crl.O.P(MD)No.1522 of 2026

ORDER

Seeking to direct the 1^st and 2^nd respondents to comply the order

passed by the learned Judicial Magistrate, Additional Mahila Court,

Dindigul in Crl M.P.No.13501 of 2023 dated 23.10.2025., this criminal

original petition is filed.

2. The learned counsel for the petitioner submitted that the

petitioner is the wife of one Karthikeyan. An F.I.R in Crime No.5 of

2023 came to be registered as against the petitioner's husband and

relative for the offence under Section 354 C and 506(1) IPC on

23.03.2023. All the jewelleries belonging to the petitioner were already

sold by her husband colluding with the 3^rd respondent. In this regard,

the investigation has not culminated so far in laying a charge sheet that

the police is meddling with the husband of the petitioner and not

progressing with the investigation. Hence, this petition.

3. Per contra, the learned Government Advocate(Crl.Side)

submitted that already the Judicial Magistrate, Additional Mahila Court,

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Crl.O.P(MD)No.1522 of 2026

Dindigul had directed the 2^nd respondent police to seize the mobile

phone of the 3^rd respondent and get necessary forensic report to

substantiate the claims made by the petitioner. In this regard, the

mobile phone has been recovered and sent to the forensic lab for

obtaining appropriate report. Only on receipt of the report, the final

report could be filed.

4. Per contra, the learned counsel for the petitioner categorically

contended that the respondent police has failed to recover the mobile

phone of the 3^rd respondent. On the other hand, the police has recovered

the phone of the petitioner's husband alone. They are evading the

direction passed by the learned Judicial Magistrate, Additional Mahila

Court, Dindigul and sought the indulgence of this Court.

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

the materials available on record.

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Crl.O.P(MD)No.1522 of 2026

6. In a matrimonial dispute, the respondent police ought to have

complied with the orders passed by the learned Judicial Magistrate,

Additional Mahila Court, Dindigul more sensibly. In their failure to

comply with the order properly, that would result in defeating the ends

of justice and abuse of process of law. Hence the 2^nd respondent is

directed to forthwith recover the mobile phone belonging to the 3^rd

respondent and further send the same to the forensic lab for obtaining

RFSL report and further proceed with the investigation.

7. With the above directions, this Criminal Original Petition

stands allowed.

28.01.2026

NCC : Yes / No

Index : Yes / No

Internet : Yes/ No

gbg

To

1.The Superintendent of Police,

Dindigul District, Dindigul.

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Crl.O.P(MD)No.1522 of 2026

2.The Inspector of Police,

Dindigul All Women Police Station,

Dindigul District.

3.The Additional Public Prosecutor,

Madurai Bench of Madras High Court,

Madurai.

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