Sophia Rajakumari v. The District Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.03.2022 CORAM :

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.7251 of 2022 Sophia Rajakumari ... Petitioner Vs.

1. The District Superintendent of Police, Cuddalore, Cuddalore District.

2. The Inspector of Police, Nellikuppam Police Station, Cuddalore District.

... Respondents PRAYER: This Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, pleased to direct the respondent to appoint competent women Inspector of Police to fairly investigation the case in Crime No.220 of 2022 dated 03.03.2022 on the file of second respondent herein and protecting the victims rights by considering the petitioner representation dated 15.03.2022.

For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.A.Gokulakrishnan Additional Public Prosecutor.

O R D E R

The Criminal Original Petition has been filed to direct the respondents to appoint competent Women Inspector of Police for conducting the investigation fairly in Crime No.220 of 2022 dated 03.03.2022, on the file of second respondent herein and to protect the victim's rights by considering the petitioner's representation dated 15.03.2022.

2. Learned counsel for the petitioner would submit that the petitioner is a victim of sexual harassment at workplace. Based on the complaint given by her, a case in Crime No.220 of 2022 was registered by the second respondent police. He would further submit that since the matter relates to the sexual harassment, the case may be investigated by the Woman Police Officer. He would also submit that the petitioner feels delicate to give her statement before the male officer, thereby, the present petition has been filed seeking for a https://hcservices.ecourts.gov.in/hcservices/

direction to appoint a competent Woman Inspector of Police to fairly investigate the case.

3. Learned Additional Public Prosecutor appearing for the respondents would submit that in such circumstances, the respondents have no objection in the case being transferred to the nearest All Women Police Station and the investigation can be conducted by the Woman Inspector of Police in the Station concerned. He would further submit that the nearest All Women Police Station is at Cuddalore. He would also submit that the accused in this case had approached this Court by filing a quash petition in Crl.O.P.No.6959 of 2022 and this Court had directed that investigation shall go on and the final report shall not be filed.

4. The grievance of the petitioner is that she is the victim of sexual harassment at workplace and she find it difficult to interact with the male Investigating Officer. In view of the same, the first respondent is directed to transfer the investigation in Crime No.220 of 2022, now pending on the file of the second respondent to the file of the Inspector of Police, All Women Police Station, Cuddalore within a period of two weeks from the date of receipt of a copy of this Order.

5. Accordingly, this Criminal Original Petition stands disposed of.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar ham/rgi To

1. The District Superintendent of Police, Cuddalore, Cuddalore District.

2. The Inspector of Police, Nellikuppam Police Station, Cuddalore District.

Copy to:

The Inspector of Police, All Women Police Station,Cuddalore.

2. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.R.Sankarasubbu, Advocate Sr.NO. 22333 Crl.O.P.No.7251 of 2022 GPL(CO) A.SK(20/04/2022) https://hcservices.ecourts.gov.in/hcservices/