R.Ramesh v. The Superintedent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.09.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN R.Ramesh ... Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police Namakkal District 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Velur, Namakkal District 3.The Inspector of Police, All Women Police Station, Velur, Namakkal District 4.The Chairperson, District Child Welfare Committee, District Child welfare office, Namakkal District.

5.Ramuthai ... Respondents Prayer: Criminal Original Petition is filed under Section 482 Cr.P.C.,/ 528 BNSS, pleased to direct the 1st & 2nd respondents to transfer the case in Crime No.l3 of 2024 on the file of the Inspector of Police, AWPS, Velur to any other investigating agency to conduct fair and unbiased investigation.

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For Petitioner : Mr.Navas Shareef.M For R1 to R3 : Mr.S.Udayakumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition is filed alleging that the police has not included one Ramasamy, who is the father of the child, conducting child marriage.

2.

The learned Government Advocate (Cel.Side) appearing for the respondent police submits that on the complaint given by a member of Child Welfare Committee, case was registered for conducting child marriage, The person who married the child and the mother of the child are accused. Though the complaint indicates that the paramour of the mother one Ramasamy was also the party to the child marriage, necessary enquiry is conducted and if the material is available as against the Ramasamy, he will be also included as accused. 3.

This Court, after considering the facts of the case, finds that it is not a case that to transfer the investigation to some other agency just because police has not included Ramasamy as instructed by the petitioner 2/4

herein, who is the father of the victim, deserted his wife and child long back. Hence this Criminal Original Petition is disposed of with direction to the respondent police to conduct investigation and proceed based on the information in the course of investigation. 26.09.2024 Index : Yes/No rpl To 1.The Superintendent of Police, Office of the Superintendent of Police Namakkal District 2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Velur, Namakkal District 3.The Inspector of Police, All Women Police Station, Velur, Namakkal District 4.The Chairperson, District Child Welfare Committee, District Child welfare office, Namakkal District.

5.The Public Prosecutor, High Court of Madras, Chennai.

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Dr.G.JAYACHANDRAN,J.

rpl 26.09.2024 4/4