Tamilarasi v. District Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Tamilarasi W/o.Ramachandiran

...Petitioner

Vs 1.The District Superintendent of Police, Nagapattinam, Nagapattinam District.

2.The Inspector of Police, Vedaranyam Police Station, Nagapattinam District.

Crime No.200 of 2023 3.The Inspector of Police, Cyber Crime Branch, Nagapattinam District.

... Respondents PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, 1973, praying to direct the first respondent to transfer the case in Crime No.200 of 2023 on the file of second respondent to third respondent and investigate the case in accordance with law. 1/6

For Petitioner : Mr.T.Muruganantham For Respondents : Mr.A.Damodaran Additional Public Prosecutor *****

O R D E R

This Criminal Original Petition has been filed seeking for transfer of investigation in Crime No.200 of 2023 on the file of second respondent to the file of third respondent and investigate the case in accordance with law.

2. Heard Mr.T.Muruganantham, learned counsel for petitioner and Mr.A.Damodaran, learned Additional Public Prosecutor appearing for respondents.

3. The main grievance that was expressed by learned counsel for petitioner is that after the First Information Report was registered in Crime No.200 of 2023 against the accused person Arulmani, the accused person started posting damaging posts in his face book account and also threatened the petitioner. A complaint was given by the petitioner in this regard on 02.08.2023 and no action was taken by the respondent police and the 2/6

incriminating posts that was posted in the face book account were also not removed. Hence, the petitioner has sought for transfer of investigation.

4. Learned Additional Public Prosecutor submitted that investigation has been completed and the draft final report is also ready. Learned Additional Public Prosecutor further submitted that the complaint given by the petitioner on 02.08.2023 will be acted upon by recording further statement from the petitioner and collecting relevant materials and if it is found that the accused person has threatened the petitioner and had also posted incriminating posts in his face book account, steps will be taken to move an application for cancellation of bail granted to the accused person and also to remove the incriminating posts from the face book account of the accused person.

5. Taking into consideration the submissions made by learned Additional Public Prosecutor, there shall be a direction to the second respondent to file final report in this case within a period of four (4) weeks 3/6

from the date of receipt of a copy of this order. That apart, the respondents 2 and 3 shall act upon the complaint given by the petitioner on 02.08.2023 by taking into consideration the submissions made before this Court supra and immediately act upon the complaint of the petitioner in accordance with law.

This Criminal Original Petition is disposed of with the above direction.

04.09.2023 Note: Issue order copy by 07.09.2023 Index : Yes/No Speaking order:Yes/No gm 4/6

To 1.The District Superintendent of Police, Nagapattinam, Nagapattinam District.

2.The Inspector of Police, Vedaranyam Police Station, Nagapattinam District.

Crime No.200 of 2023 3.The Inspector of Police, Cyber Crime Branch, Nagapattinam District.

4. The Public Prosecutor, High Court, Madras.

N.ANAND VENKATESH, J 5/6

gm 04.09.2023 6/6