CRL OP/9512/2026 of Syed Ameenullah Hussainy Vs The Commissioner of Police,

CRL OP No. 9512 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16-04-2026 CORAM THE HONOURABLE MR JUSTICE M. NIRMAL KUMAR CRL OP No. 9512 of 2026 Syed Ameenullah Hussainy Petitioner(s) Vs 1. The Commissioner of Police, Greater Chennai City Police, Chennai. 2.The State Rep by, The Inspector of Police, W-13, All Womens Police Station, Chennai 600 021. 3.Mahek Salamullah Respondent(s) PRAYER: Criminal Original Petition filed under Section 528 of BNSS, 2023, to transfer the investigation in Cr.No.41 of 2025 pending on the file of the 2nd Respondent to any other investigating agency as this Court deem fit and proper to the facts and circumstances of the case and thereby render justice. For Petitioner(s): Mr.M.Mohammed Riyaz for Mr.M.Mohamed Afridi For Respondent(s): Mr.R.Vinoth Raja Government Advocate (Crl.Side) for R1 and R2 Mr.R.Rafi Babu for R3 1 https://www.mhc.tn.gov.in/judis CRL OP No. 9512 of 2026 ORDER This Criminal Original Petition has been filed, seeking transfer of investigation in Crime No.41 of 2025 pending on the file of the 2nd Respondent to any other investigating agency as this Court may deem fit. 2. The petitioner, who is arrayed as the first accused in Crim e No.41 of 2025 for offence under Sections 85, 89, 351, 316 of BNS, 2023, and Sections 4 and 6 of Dowry Prohibition Act, 1961, has filed the present petition. 3. The learned counsel for the petitioner submitted that the marriage between the petitioner and the de facto complainant was solemnized on 19.01.2024 and they lived a normal and peaceful matrimonial life without any dispute. Due to the delay in conception, both of them jointly consulted doctors at Bangalore and Hosur, in the month of May 2025, wherein the de fact o complainant was diagnosed with thyroid imbalance, hormonal irregulariti es and allergic conditions which were pre-existing prior to marriage. She was prescribed medicines including Glycomate 500 mg, Metformin, Folic aci d and Deviry 10 mag. 3.1 It is further submitted that after prolonged medical treatme nt, the de 2 https://www.mhc.tn.gov.in/judis CRL OP No. 9512 of 2026 facto complainant conceived and the pregnancy was confirmed on 22.08.2025 at SBS Hospital, Hosur. However, due to pre-existing condition such as uri nary tract infection and bleeding, she suffered natural miscarriage on 27.08.2025, and she left the matrimonial home citing emotional reasons. 3.2. At the time of leaving the matrimonial home on 28.08.2025, the de facto complainant took with her all jewellery. Initially t here was communication, however, subsequently, she avoided contact, blocked communication, and failed to return to the matrimonial home, ca using emotional distress and hardship to the petitioner. In an attempt t o resolve the matrimonial dispute and seek reunion, the petitioner had lodged a compla int before the All-women Police Station, Hosur on 14.10.2025 and the enquiry was conducted by the Tamil Nadu Dowry Prohibition wing on 06.11.2025, based on the complaint of the de facto complainant. Thereafter, the present FIR in Crime No.41 of 2025, dated 05.11.2025 came to be registered by the 2 nd respondent/Police based on the allegations, which according to the petit ioner, are false and fabricated. 4. The main contention of the petitioner is that though the dispute is 3 https://www.mhc.tn.gov.in/judis CRL OP No. 9512 of 2026 matrimonial in nature and the case has been registered invoking provisi ons under Section 498A of IPC, no preliminary enquiry has been conducted. Further, the petitioner was not called for any clarification, contrary to the guidelines laid down by the Apex Court in respect of such cases. 5. The learned counsel for the petitioner submitted that apart from the general allegations of dowry demand, the primary allegation is that after confirmation of pregnancy on 22.08.2025, the petitioner forcibly administered Met Formin 1000 mg tablet twice a day, allegedly resulting in a forced abortion, leading to registration of the case. 6. The learned counsel for the petitioner has produced a typed set of papers including the details of UPI transactions between the petitione r and the de facto complainant, medical reports, prescription and medical bills and representation of the petitioner before the LIMRA Masjid, seeking resti tution of matrimonial life, along with the reply of Masjid, dated 16.11.2025. 7. It is also submitted that the petitioner earlier lodged a com plaint on 14.10.2025, registered as C.S.R.No.406 of 2025, to which, the de facto complainant had submitted her reply, which would clearly shows that there is no 4 https://www.mhc.tn.gov.in/judis CRL OP No. 9512 of 2026 harassment or dowry demand. Hence, he prays for appropriate orders from this Court. 8. Mr.R.Vinoth Raja, learned Government Advocate for the respondents 1 and 2 submitted that the contentions raised by the petitioner are i n his defence. It is further submitted that the typed set of papers including docum ents now produced will be taken into consideration during investigation, and appropri ate action will be taken based on the outcome of the investigation. 9. At this juncture, the learned counsel for the 3 rd respondent submitted that the allegations of the petitioner are false and the documents pr oduced, more particularly, the medical records are disputed. Further, he su bmitted that the objections will be placed before the respondent police, and the sa me may be considered in accordance with law. 10. Heard both sides and perused the materials available on record. 11. Considering the submission made by the learned counsel on either 5 https://www.mhc.tn.gov.in/judis CRL OP No. 9512 of 2026 side and upon perusal of the materials available on record, this C ourt is of the view that no case is made out for transfer of investigation at this stage. However, the respondent police is directed to complete the investigat ion in Crime No.41 of 2025 on the file of the 2 nd respondent police expeditiously without further delay. The Assistant Commissioner of Police, Old Washermenpet, shall monitor the investigation to ensure the fairness and progress. 12. With the above observation and direction, this Criminal Original Petition is disposed of. 16-04-2026 Jd Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No To 1. The Commissioner of Police, Greater Chennai City Police, Chennai. 2.The State Rep by, The Inspector of Police, W-13, All Womens Police Station, Chennai 600 021. 3. The Public Prosecutor, Madras High Court, Chennai. 6 https://www.mhc.tn.gov.in/judis CRL OP No. 9512 of 2026 M.NIRMAL KUMAR J. jd CRL OP No. 9512 of 2026 16-04-2026 7 https://www.mhc.tn.gov.in/judis