Madras High CourtCRL OP/17804/2025disposed of with direction

Kanniyammal v. The Superintendent Of Police

2025-06-20Honourable Mr Justice P. Velmurugan5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.06.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.17804 of 2025 Kanniyammal ... Petitioner Vs

1. The Superintendent of Police, CBCID, Chennai.

2. State Rep. By its, The Sub-Inspector of Police, N-2, Kasimedu Police Station, Chennai - 600 013. ... Respondents Crime No.201 of 2025 PRAYER:

Criminal Original Petition filed under Section 528 of BNSS 2023, to direct the respondent to transfer of investigation in Crime No.201 of 2025 registered at N-2, Kasimedu Police Station to CBCID. For Petitioner : Mr.G.Krishnamurthy For Respondents : Dr.C.E.Pratap, Government Advocate (Crl. Side)

O R D E R

This Criminal Original Petition has been filed to direct the respondent to transfer the investigation in Crime No.201 of 2025, registered at N-2, Kasimedu Police Station to CB-CID.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondents and perused the materials available on record.

3. Learned counsel for the petitioner submitted that the accused persons are none other than the petitioner's second daughter and son-in law. The petitioner has given a complaint against the accused before the second respondent-Police on 04.04.2025 and the same was registered in F.I.R No.201 of 2025 for the offences under Sections 329(4), 296(b), 115(2), 351(3) of the Bharatiya Nyaya Sanhita ( BNS) of 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002. Till date, the respondent-Police has not shown any progress or interest to complete the investigation and hence, the petitioner apprehends that they are helping the accused. Hence, the petitioner filed

this criminal original petition seeking transfer of investigation.

4. On a perusal of the materials available on record, it is found that the case has been registered in Crime No.201 of 2025 on 25.04.2025 for the offences under Sections 329(4), 296(b), 115(2), 351(3) of BNS of 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, on the file of the second respondent-Police. Though the respondent-Police recorded the statements of the complainant and other eye witnesses, they have neither filed a charge sheet nor secured the accused till date. The petitioner is apprehending that the respondentPolice are colluding and are hand-in-glove with the accused and helping them.

5. In view of the above facts and circumstances of the case, the respondent-Police is directed to expedite the investigation in Crime No.201 of 2025 , and if necessary, secure the accused and proceed with the case further in accordance with law and after completion of enquiry, file a final report before the concerned Court within a period of two

months from the date of receipt of a copy of this order. The Deputy Superintendent of Police, Chennai is directed to monitor the same.

6. With the abovesaid directions, this Criminal Original Petition is disposed of.

20.06.2025 mfa Index:Yes/No Speaking Order: Yes/No To

1. The Superintendent of Police, CBCID, Chennai.

2. The Sub-Inspector of Police, N-2, Kasimedu Police Station, Chennai - 600 013.

3. The Public Prosecutor, High Court, Chennai.

Copy to The Deputy Superintendent of Police, Chennai.

P.VELMURUGAN, J mfa Crl.O.P.No.17804 of 2025 20.06.2025