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Madras High CourtCRL OP(MD)/978/2025disposed of

Kalaiselvi v. The State Of Tamilnadu

2025-01-22Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.01.2025

CORAM

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

1. The State of Tamilnadu, Rep. by the Superintendent of Police, Virudhunagar District, Virudhunagar.

2. The Deputy Superintendent Of Police, Sathur Subdivision, Virudhunagar District.

3. The Inspector of Police, Appanayackenpatti Police Station, Virudhunagar District.

Crime No. 55/2024.

4. D. Muneeswari ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to pass an order transferring the investigation in the case in Crime No. 55/2024 on the file of the 3rd respondent police to the 2nd respondent or any other independent officer, based on the petitioners representation, dated 21.12.2024.

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For Petitioner : Mr.A.Arputharaj For Respondents : Mr.A.Thiruvadi Kumar (R1 & R2) Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to pass an order to transfer the investigation in the case in Crime No. 55 of 2024 on the file of the 3rd respondent police to the 2nd respondent or any other independent officer, based on the petitioner's representation, dated 21.12.2024. 2.It is the contention of the petitioner that against the petitioner and others a case in Cr.No.55 of 2024 registered for the offence punishable under Sections 296(b), 115, 351(2) BNS and 4 of TNPHW Act, 2002. After registration of FIR, the respondent police used to harass the petitioner and her family members. However, in the same incident against the complaint given by the petitioner's mother, dated 23.12.2024 against the private respondent, no action has been taken by the respondent police. Since the 3rd respondent is acting in favour of the private respondent, this petition has been filed.

3.The learned Additional Public Prosecutor would submit that the respondent police would conduct enquiry based on the complaint given 2/4

by the petitioner's mother, dated 23.12.2024 and if any offence is made out, the respondent police would conduct investigation as per 588 of Police Standing Order and act in accordance with law. 4.Recording the aforesaid submission, this Criminal Original Petition stands disposed of.

22.01.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No PNM To

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

2. The Deputy Superintendent Of Police, Sathur Subdivision, Virudhunagar District.

3. The Inspector of Police, Appanayackenpatti Police Station, Virudhunagar District.

Crime No. 55/2024.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M.NIRMAL KUMAR, J.

PNM ORDER IN 22.01.2025 4/4