Rajeshwari v. The State Rep By, The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY Rajeshwari ... Petitioner Vs.

The State rep. by 1.

The Superintendent of Police, Coimbatore, Coimbatore District.

2.

The Inspector of Police, Valparai Police Station, Coimbatore District.

... Respondents Prayer: Petition filed under Section 528 of B.N.S.S.Act, 2023., to call for the records with record to the final report filed in C.C.No.34 of 2024 on the file of the learned Judicial Magistrate, Valparai, Coimbatore District and set aside the same, and consequently transfer the investigation in Crime No.88 of 2024, on the file of the learned Judicial Magistrate, Valparai, Coimbatore District from the second respondent.

For Petitioner : Mr.W.Camyles Gandhi For Respondents : Dr.C.E.Pratap Government Advocate (Crl.Side)

ORDER

1/4

The Criminal Original Petition is filed to call for the final report in C.C.No.34 of 2024 on the file of the learned Judicial Magistrate, Valparai, Coimbatore District and set aside the same and consequently to transfer the investigation in Crime No.88 of 2024.

2. Upon hearing the learned counsel appearing for the petitioner and perusing the material records of the case, it can be seen that the parties are related. The complaint is about a brutal attack on the husband of the petitioner. The police have investigated and filed a final report, which is taken on file as C.C. No. 34 of 2024.

3. The grievance of the petitioner seems to be that the more stringent provisions, which would be attracted if the actual acts of the accused are taken into account, are not added in the final report.

4. The learned counsel specifically points out that the action of the accused would amount to an attempt to murder and also an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. 2/4

5. It can be seen that earlier, when the petitioner filed Crl.O.P.No. 21005 of 2024, this Court, after considering the complaint, came to the conclusion that the ingredients do not attract the offences. Therefore, at this stage, considering the fact that the parties are also related, I do not find any grounds to interfere. However, it will be open for the petitioner to depose when she gets into the witness box and the trial Court will take notice of the same on its own merits.

6. Keeping that liberty of the petitioner open, the Criminal Original Petition stands dismissed.

08.08.2025 nsl To 1.

The Superintendent of Police, Coimbatore, Coimbatore District.

2.

The Inspector of Police, Valparai Police Station, Coimbatore District. 3.

The Judicial Magistrate, Valparai, Coimbatore District. 4.

The Public Prosecutor, High Court of Madras.

3/4

D.BHARATHA CHAKRAVARTHY, J.

nsl 08.08.2025 4/4