Meena Devi v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-03-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN

1. Meena Devi Female Aged 52 Years W/o.Uthamchad No-24-10-8, Gowtham Labdhi, Flat No.502, R Agragaram, Guntur, Andrapradesh - 522 003.

Petitioner(s) Vs

1. The Commissioner Of Police Office Of Commissioner Of Police, 132, Commissioner Office Building, E.V.K.Sampath Road, Vepery, Chennai - 600 007.

2.The Inspector Of Police C-1, Flower Bazar Police Station, Chennai.

Respondent(s) PRAYER: Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the first respondent to transfer the investigation pending in Crime No.17 of 2025 from the 2nd respondent to CB-CID. For Petitioner(s):

Mr. K.Suthan For Respondent(s):

Mr. A.Gopinath, Government Advocate (Crl. Side)

ORDER

This petition has been filed to transfer the investigation pending in Crime No.17 of 2025 from the second respondent to the file of the CBCID.

2. On the complaint, the second respondent registered the First Information Report in Crime No.17 of 2025 for the offence under Section 194(3) of BNS, 2023 against the petitioner.

3. It is alleged that the petitioner's daughter viz., Dimple Kumari fell in love with one Ashiq and got married to him in the year 2019 without getting consent from the petitioner. Thereafter, the mother stopped talking with her daughter and also avoided to contact her. Had been so, while the daughter is in need of the petitioner during her pregnancy, the petitioner due to her love and affection, has taken of her daughter. Thereafter, petitioner's daughter is living in her matrimonial home. While being so, on 25.01.2025, the petitioner received a phone call that her daughter sustained fire injuries and was hospitalised. When the petitioner came to the hospital, she came to know that her daughter succumbed to death. Hence, the petitioner lodged a complaint.

4. On instructions, learned Government Advocate (Crl. Side) appearing for the respondents submitted that the Forensic Laboratory report is awaited.

5. In view of the above, since the investigation is ongoing, this Court is not inclined to transfer of investigation from the file of the second respondent to the file of CBCID, as it would not be fair at this stage. However, the second respondent is directed to complete the investigation and file a final report within 12 weeks from the date of receipt of a copy of this order.

6. In the meantime, the Assistant Commissioner, Flower Bazar Police Station, Chennai, shall ensure that the second respondent complied with the order passed by this Court within the stipulated time.

7. With the above direction, the Criminal Original Petition is disposed of. 17-03-2025 Index:Yes/No Speaking/Non-speaking order klt

To 1.The Commissioner Of Police Office Of Commissioner Of Police, 132, Commissioner Office Building, E.V.K.Sampath Road, Vepery, Chennai - 600 007.Chennai 2.The Inspector Of Police C-1, Flower Bazar Police Station, Chennai.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN J.

klt 17-03-2025