Hency.J v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Hency. J .. Petitioner Vs.

1. The Superintendent of Police Kanyakumari Kanyakumari District

2. The Inspector of Police Velichanthai Police Station Kanyakumari District .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, direct the first respondent to transfer the enquiry on the complaint made in CSR.676/2024 dt 21.12.2024 pending on the file of the second respondent to some other Inspector of Police For Petitioners : Mr.Ka.Ramakrishnan For Respondents : Mr.K.Sanjai Gandhi Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition has been filed to direct the first respondent to transfer the enquiry on the complaint made in CSR.676 of 1/5

2024 dt 21.12.2024 pending on the file of the second respondent to some other Inspector of Police.

2. The petitioner had lodged complaint on 21.12.2024, though CSR No.676 of 2024 assigned no action has been taken. The petitioner had dispute with Bindhu. At the instigation of Bindu, her husband and others trespassed into the shop of the petitioner at about 10.45 am., and assaulted her, due to which she sustained injuries and got admitted in the hospital. During the said attack they have also taken a sum of Rs. 1,70,000/- from the shop. The petitioner was taken to Government Medical College Hosptial at Asaripallam , Kanyakumari in 108 ambulance, but the respondent police has not acted in any manner.

3. The learned Additional Public Prosecutor submitted that on the petitioner's complaint CSR assigned and the petitioner was called for enquiry on 20.01.2025 but she never appeared

4. The learned counsel appearing for the petitioner, on instructions, submitted that no such call has been received from the respondent for enquiry. However he fairly submitted that the petitioner will appear before 2/5

the second respondent for enquiry on 27.01.2025 without fail and submit all documents in support of her claim.

5. The learned Additional Public Prosecutor submitted that in the accident register there is no such injury but in the discharge summary it is seen that the petitioner sustained injuries which could be seen through the report of the doctor.

6. In view of the same, the petitioner is directed to appear before the second respondent on 27.01.2025 and give her explanation with regard to the assault made on her and also the amount taken by the counter petitioners during the said attack. The second respondent shall ensure the presence of the rival parties on 27.01.2025 and conduct enquiry and thereafter dispose the same within a period of two weeks from 27.01.2025.

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

22.01.2025 NCC : Yes/No Index : Yes / No 3/5

Internet : Yes / No aav To

1. The Superintendent of Police Kanyakumari Kanyakumari District

2. The Inspector of Police Velichanthai Police Station Kanyakumari District 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

4/5

M.NIRMAL KUMAR,J.

aav 22.01.2025 5/5