Mrs.Mahalakshmi Alias Mangammal v. State Rep By The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Mahalakshmi alias Mangammal ... Petitioner Vs

1. State Represented by;

The Superintendent of Police, Tiruppur District.

2. The Inspector of Police, Vellakoil Police Station, Tiruppur District.

Crime No.84/2025.

... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of B.N.N.S., to direct the first respondent to transfer the investigation in the case in Crime No.84/2025 from the file of the respondent/complainant to any other competent authority/agency/officer.

For Petitioner : Ms.S.Thankira For Respondents : Mr.A.Gopinath, Government Advocate (Crl.Side) 1/5

O R D E R

This petition has been filed to direct the first respondent to transfer the investigation in the case in Crime No.84/2025 from the file of the respondent/complainant to any other competent authority/agency/officer.

2. Heard the learned counsel for both sides and perused the materials placed on record.

3. On the complaint lodged by one Jegadeeshkumar/complainant, the second respondent registered the First Information Report in Crime No.84 of 2025 for the offences punishable under Sections 296(b), 115(2), 118(1), and 351(3) of BNS, 2023. For the very same occurrence, a counter complaint has also been lodged by the petitioner and the same has been registered in Crime No.86 of 2025 against the complainant and others for the offences punishable under Sections 296(b) and 118(1) of BNS, 2023. Both the First Information Reports are still pending on the file of the second respondent.

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4. The only grievance of the petitioner is that the second respondent failed to register the offences under Sections 74, 115(2), 118(2), and 351(3) of BNS, 2023, and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 1998.

5. Therefore, when there is a counter complaint, the second respondent ought to have followed the procedure laid down under Police Standing Order 566. Hence, if one First Information Report is transferred to any other investigating agency, it would affect the other First Information Report's investigation.

6. In view of the above, this Court is not inclined to transfer the investigation in Crime No.84 of 2025 from the file of the respondent/complainant to any other investigating agency. However, the second respondent is directed to complete the investigation in Crime Nos.84 and 86 of 2025 and file final reports after following the guidelines issued under Police Standing Order 566 within a period of eight weeks from the date of receipt of a copy of this order.

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7. With the above directions, this Criminal Original Petition is disposed of.

30.04.2025 Index:Yes/No kv To

1. The Superintendent of Police, Tiruppur District.

2. The Inspector of Police, Vellakoil Police Station, Tiruppur District.

3. The Public Prosecutor, High Court of Madras.

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G.K.ILANTHIRAIYAN, J.

kv 30.04.2025 5/5