Babitu Kumari v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2019

CORAM

THE HONOURABLE MR.JUSTICE N. ANAND VENKATESH Crl.O.P.No.1859 of 2019 Babitu Kumari ... Petitioner Vs.

State rep. by The Inspector of Police, T-5, Thiruverkadu Police Station, Chennai.

(Crime No.1338/2018) ... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to transfer the investigation registered in Crime No.1338 of 2018 from the file of Inspector of Police, T-5, Thiruverkadu Police Station, Chennai to any other investigating Agency.

For Petitioner : Mr.C.V.Kumar

O R D E R

This Criminal Original Petition has been filed seeking for transfer of investigation in Cr.No.1338 of 2018, pending on the file of the respondent police.

2.It is the case of the petitioner that the petitioner and her husband belong to North India. They are living at Thiruverkadu, Chennai. It seems that an ex-councillor belonging to the same area used to consume liquor and throw the bottles outside the house of the petitioner and also used to litter waste all over. This was questioned by the petitioner. She was brutally attacked by the accused persons and she sustained bleeding injuries. Immediately, a complaint was given to the respondent police and the respondent police have registered an FIR on 20.12.2018, for the offence under Sections 341, 324 and 506 (ii) of IPC.

3.The learned counsel for the petitioner submitted that there is absolutely no progress in the investigation and a lady has been harassed and the respondent police has not even added Section 4 of the Prevention Women Harassment Act. The learned https://hcservices.ecourts.gov.in/hcservices/

counsel further submitted that a lady belonging to North India does not have any protection in this State and the police are also not effectively prosecuting against the accused persons. 4.The learned Additional Public Prosecutor would submit that the respondent police is in the process of investigation and they will take stringent action against the accused persons and will also add the relevant offences in the FIR and complete the investigation and file a final report within a short period. 5.Taking into account, the submission made by the learned Additional Public Prosecutor, this Court directs the respondent police to effectively investigate the case as against the accused persons and add all the relevant offences by altering the FIR and complete the investigation within a period of two months and file a final report.

6.This Criminal Original Petition is disposed of. Sd/- Deputy Registrar //True copy// Sub Assistant Registrar dh/rpl To 1.The Inspector of Police, T-5, Thiruverkadu Police Station, Chennai.

2.The Public Prosecutor, High Court, Madras.

+1cc to Mr.C.V.Kumar, Advocate SR.No.5824 Crl.O.P.No.1859 of 2019 GMY(30/01/2019) https://hcservices.ecourts.gov.in/hcservices/