Muneeswari v. The State By, The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Muneeswari ... Petitioner Vs State by

1. The Superintendent of Police, Krishnagiri, Krishnagiri District.

2. The Inspector of Police, Barur Police Station, Krishnagiri District.

(Crime No.127 of 2024) ... Respondents Criminal Original Petition is filed under Section 528 of B.N.S.S., to direct the respondents 1 and 2 to conduct further investigation in Crime No.127 of 2024 and consequently include all the accused persons involved in that Crime based on the complaint dated 08.09.2024. For Petitioner : Mr.K.Thiruvengadam For Respondents : Mr.K.M.D.Muhilan, Government Advocate (Crl.Side) 1/5

O R D E R

This petition has been filed to direct the respondents to conduct further investigation in Crime No. 127 of 2024, and consequently, include all the accused persons involved in that crime based on the complaint dated 08.09.2024.

2. The complaint lodged by the petitioner, the second respondent registered an FIR in Crime No. 127 of 2024 for the offences under Sections 126, 103, 109, and 351 of BNS and Section 4 of the Prevention of Damage to Public Property Act, 1984, alleging that her husband was brutally attacked by the accused persons and murdered. After completion of the investigation, the final report was filed and the same is pending for committal in PRC No. 1 of 2025 before the Judicial Magistrate I, Pochampalli, Krishnagiri District.

3. The learned counsel for the petitioner would submit that, though there are specific allegations against the 10 accused persons, the 2/5

second respondent conveniently left them out in the final report.

4. The learned Government Advocate (Crl. Side) appearing for the respondents would submit that there is absolutely no material as against the persons who are now sought to be impleaded as accused. Therefore, the second respondent rightly filed the final report only as against 4 accused persons and it is pending for committal before the Judicial Magistrate I, Pochampalli, Krishnagiri District.

5. In view of the above, the further investigation would not serve any purpose. However, the petitioner is at liberty to invoke the provisions under Sections 216 and 319 of Cr.P.C. and Sections 239 and 358 of B.N.S.S., 2023 during the trial before the Trial Court.

6. With the above directions, this Criminal Original Petition is disposed of.

20.02.2025 3/5

Index:Yes/No kv To The Inspector of Police, W-8, All Women Police Station, Thirumangalam Chennai.

Copy to The Additional Mahila Court, Egmore, Chennai 4/5

G.K.ILANTHIRAIYAN, J.

kv 20.02.2025 5/5