Sajida Begum v. The State Rep.By Its,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15-04-2026
CORAM
THE HON'BLE MR JUSTICE M. NIRMAL KUMAR Sajida Begum W/o.Karim, Residing at F-4, Sastha Apartment, Vagai Street, Radhanandapuram, Chennai-600 125.
..Petitioner(s) Vs
1. The State rep.by its, Sub-Inspector of Police, Moulivakkam Police Station, Chennai-600 125.
2. Subashini W/o.Prasanth, No.25, S3, Sri Sastha Apartment, Vaigai Street, Madhanandhapuram, Chennai-600 125.
..Respondent(s) PRAYER: This criminal original petition filed under Section 528 of BNSS, to transfer the investigation of FIR vide No.03/2026 dated 04.01.2026 registered by the respondent police and pending before them to an independent agency or any other competent authority and pass such further or other orders as this Hon'ble court.
For Petitioner(s):
Mr.Rekha Sivakumar For Respondent(s):
Mr. LEONARD ARUL JOSEPH SELVAM ADDITIONAL PUBLIC PROSECUTOR for R1
ORDER
This criminal original petition has been filed to transfer the investigation of FIR vide No.03/2026 dated 04.01.2026 registered by the respondent police and pending before them to an independent agency or any other competent authority.
2.This Court in an earlier occasion i.e. on 24.03.2026 passed the following order:
"Heard both sides.
2. It is seen that the petitioner's son namely, Farhan, aged about 3 years was attacked and sustained swelling on his forehead, and the petitioner was also attacked. Both of them were taken treatment at KMC Hospital, and the Doctor who treated them issued Accident Registers and also recorded the treatment given to them.
3. The learned counsel for the petitioner had contacted the emergency police (100), who come to the scene of the occurrence and informed the Inspector of Police, Moulivakkam, about the incident. The petitioner also made representations on 08.01.2026 and 24.01.2026 to the Assistant Commissioner of Police and Deputy Commissioner of Police respectively along with the Whatsapp communication showing that the petitioner and her family members were threatened and abused with filthy language by the named accused. Despite the said representations made by the petitioner, no action was taken. Hence, the present petition.
4. Today, the learned Additional Public Prosecutor appearing for the first respondent has produced the FIR in Crime No.3 of 2026, wherein it shows that on 04.01.2026, the case has been registered against Subashini W/o. Prasanth under Section 75 of the Tamil Nadu City Police Act, 1888. A final report has been filed in STC.No.262 of 2026, and the said Subashini W/o.Prasanth had admitted the offence and paid fine of Rs.500 on 07.03.2026.
5. In response, the learned counsel for the petitioner strongly objected to the same, stating that the FIR registered by Mr.M.Thiruvengadam, Sub Inspector of Police is the same officer, who had received C.S.R.No.14 of 2026 and both are different incident and different cases. Therefore, it cannot be claimed that the petitioner's complaint pertains to Crime No.3 of 2026.
6. Mr.Leonard Arul Joseph Selvam, learned Additional Public Prosecutor, takes notice for the first respondent and seeks time to file a detailed status report with regard to CSR No.14 of 2026 filed by the petitioner against her neighbour Subhashini W/o. Prasad.
7. In view of the above, Post this matter on 15.04.2026."
3.In continuation of the order passed by this Court on 24.03.2026, the learned Additional Public Prosecutor today filed the status report, in which it is stated in paragraph Nos.3 & 4, as follows:
"3. It is submitted that based on the above complaint, a case was assigned in Moulivakkam Police Station in CSR No.14 of 2026 on 04.01.2026 by me and I took up the petition for enquiry"
4.It is submitted that during the course of enquiry, the investigation officer had called both parties to appear before the respondent police for enquiry, further on the same day I.e.04.01.2026 both the parties were appeared before the respondent police, during the course of enquiry, the counter petitioner/Subashini asked apologies to the petitioner, so both the parties were compromised each other and the parking issued also solved. Hence, the respondent police closed the same on 04.01.2026.
4.In view of the above, the criminal original petition is disposed of. The first respondent police is directed to serve closure report to the petitioner, if not served.
15-04-2026 Index: Yes/No Speaking/Non-speaking order sms To
1. The State rep.by its, Sub-Inspector of Police, Moulivakkam Police Station, Chennai-600 125.
2. The Public Prosecutor High Court, Madras.
M.NIRMAL KUMAR, J.
sms 15-04-2026