V.Meena @ Vaidegi Meena v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.06.2023

CORAM

THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR V.Meena alias Vaidegi Meena ... Petitioner Vs.

1.The State of Tamil Nadu, Rep. by The Superintendent of Police, Tiruvallur, Tiruvallur District-636 012.

2.The Deputy Superintendent of Police, Tiruvallur, Tiruvallur District-636 012.

3.The Inspector of Police, D3, K K Chatram Police Station, Tiruvallur, Tiruvallur District-636 012.

... Respondents PRAYER: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to direct the 1st respondent Superintendent of Police to transfer the investigation of petitioner's complaint dated 11.7.2022 to some other Police Officer.

For Petitioner :

Mr.Secular S.Arunkumar For Respondents :

Mr.A.Gokulakrishnan Additional Public Prosecutor ***** Page No.1 of 6

ORDER

This Criminal Original Petition has been filed to direct the 1st respondent to transfer the investigation on the petitioner's complaint, dated 11.07.2022 to some other Police Officer. 2.The petitioner, a lady, lodged a complaint, on 11.07.2022 with various officials, namely, the Chief Secretary, Secretariat, Chennai; Home Secretary, Secretariat, Chennai; Director General of Police, Mylapore, Chennai and Tamil Nadu State Commission for Women, Chepauk, Chennai.

3.Learned counsel for the petitioner submitted that the petitioner belongs to depressed community and employed as a contract labour in Thiruvalangadu Panchayat. Her husband is employed in a private company. In the same village, one Gabriel @ Venkatesan, an Advocate, used to stalk and give sexual torture to the petitioner during night hours especially when her husband was on night duty and when she was alone at home. When the same was questioned, the said Gabriel @ Venkatesan claimed he is an Advocate and nobody can do anything to him, further he Page No.2 of 6

threatened to do away the petitioner. The complaint of the petitioner was forwarded to the Superintendent of Police, Thiruvallur/1st respondent and to the 3rd respondent Police.

4.Learned Additional Public Prosecutor appearing for the respondents submitted that on receipt of the complaint by the Inspector of Police, Thiruvalangadu Police Station, Thiruvallur District, who is incharge of 3rd respondent Police Station, an enquiry was caused. During enquiry, it was found that there are other motives between the petitioner and Gabriel @ Venkatesan. On 08.10.2022, the Sub Inspector of Police attached to the 3rd respondent Police Station along with women Police Constable had gone to the house of the petitioner to serve summons, at that time, the petitioner informed that she would appear before the 3rd respondent Police for enquiry, thereafter, she failed to do so. Despite several efforts to contact the petitioner through mobile, she was unable to be contacted and she disconnected the phone. Hence, the complaint in C.S.R.No.767 of 2022 is kept pending. If the petitioner appears for enquiry, further action would be taken on her complaint. Page No.3 of 6

5.At this juncture, learned counsel for the petitioner submitted that the petitioner is ready to appear before the 3rd respondent Police for enquiry and she undertakes to appear on 28.06.2023 and on future dates if her presence is required. Her only grievance is that appropriate action to be taken against Gabriel @ Venkatesan in accordance with law. 6.In view of the above, this Court directs the petitioner to appear before the 3rd respondent Police for enquiry on 28.06.2023 and the future dates if her presence is required. The 3rd respondent Police to proceed with the enquiry in accordance with law and register FIR if cognizable offence is made out.

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

16.06.2023 Index: Yes/No Internet: Yes/No vv2 Page No.4 of 6

To 1.The Superintendent of Police, Tiruvallur, Tiruvallur District-636 012.

2.The Deputy Superintendent of Police, Tiruvallur, Tiruvallur District-636 012.

3.The Inspector of Police, D3, K K Chatram Police Station, Tiruvallur, Tiruvallur District-636 012.

4.The Public Prosecutor, High Court, Madras.

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M.NIRMAL KUMAR, J.

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