Shanmugam v. The State Rep By, The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.02.2025

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN Shanmugam .....

Petitioner Vs

1. State rep by The Superintendent of Police, Tiruppur.

2. State rep by The Inspector of Police, Kamanaickenpalayam Police Station, Tiruppur Crime No.274 of 2024 ....

Respondents Prayer: Criminal Original Petition is filed under Section 528 of Bharathiya Nagrik Suraksha Sanhitha, 2023, to transfer the investigation in Crime No.274 of 2024 on the file of the second respondent to any other police station in Tiruppur.

For Petitioner : Mr.G.R.Deepak For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed for transfer of the investigation in Crime No. 274 of 2024 from the file of the second respondent to any other investigating agency. 1/4

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. The petitioner's daughter, aged about 16 years, committed suicide by handing in her grandmother's house. On her demise, the second respondent registered an FIR in Crime No.274 of 2024 for the offence under Section 194 of Bharathiya Nagrik Suraksha Sanhitha, 2023. Thereafter, there has been no progress in the case and as such, the petitioner submitted a representation, suspecting two persons as potential reasons behind her daughter's suicide. That apart, on perusal of the postmortem report revealed that the deceased was also pregnant. Therefore, the petitioner suspected that it is a case of rape and due to which she committed suicide. However, the petitioner failed to make out grounds to transfer the investigation from the file of the second respondent to any other investigating agency.

4. In view of the above, this Court is not inclined to transfer the investigation from the file of the second respondent to any other investigating agency. However, the second respondent is directed to consider the representation submitted by the petitioner, proceed with the 2/4

investigation, complete the same and file a final report within a period of twelve weeks from the date of receipt of a copy of this order.

5. With the above direction, this Criminal Original Petition stands disposed of.

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1. The Superintendent of Police, Tiruppur.

2. The Inspector of Police, Kamanaickenpalayam Police Station, Tiruppur

3. The Public Prosecutor, High Court, Madras.

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G.K.ILANTHIRAIYAN,J.

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