Venkatalakshmi v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.11.2024

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Venkatalakshmi ... Petitioner Vs.

1. The Superintendent of Police, Krishnagiri District.

2. The Deputy Superintendent of Police, Denkanikottai, Krishnagiri District.

3. The Inspector of Police, Rayakotta Police Station, Rayakotta, Krishnagiri District.

Crime No.203 of 2024.

... Respondents Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to transfer the investigation of the case registered in Crime No.203 of 2024 on the file of the third respondent to some other investigation agency.

For Petitioner : Mr.S.C.Vishwanth For Respondents : Mr.S.Sugendran Additional Public Prosecutor

O R D E R

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This Criminal Original Petition is filed to transfer the investigation of the case registered in Crime No.203 of 2024 on the file of the third respondent to some other investigating agency.

2. The learned counsel for the petitioner submitted that the petitioner had given complaint against the accused persons for the incident that occurred on 13.06.2024, the third respondent/Police has neither registered the complaint nor taken any action against them. Hence, the petitioner had approached the learned Judicial Magistrate, Denkanikottai in Crl.M.P.No.511 of 2024. Based on the directions given by the learned Magistrate, the third respondent/Police registered the case in Crime No.203 of 2024 for the offences under Sections 294(b), 323, 324 and 506(1) IPC. Even though there was an allegation against the accused persons regarding women harassment, the third respondent/Police has not registered the case for domestic violence and women harassment and therefore, the petitioner has filed the present petition by invoking Section 528 of BNSS, 2023.

3. It is seen from the records that as per the directions of the 2/5

learned Magistrate, the respondents/Police registered the case in Crime No.203 of 2024 for the offences under Sections 294(b), 323, 324 and 506(1) IPC.

4. It is settled preposition of law that F.I.R is not an encyclopaedia and it need not contain all facts and it is only first information to set the law in motion. In the case on hand, since the investigation is still pending and final report is yet to be filed, the relief sought for by the petitioner is premature.

5. In view of the above, this Criminal Original Petition is dismissed.

05.11.2024 Index : Yes/No Speaking Order : Yes/No ms 3/5

To

1. The Superintendent of Police, Krishnagiri District.

2. The Deputy Superintendent of Police, Denkanikottai, Krishnagiri District.

3. The Inspector of Police, Rayakotta Police Station, Rayakotta, Krishnagiri District.

4. The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J ms 05.11.2024 5/5