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Madras High CourtCRL OP(MD)/4473/2025disposed of

V.Malarkodi v. The State Of Tamil Nadu,

2025-03-11Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL V.Malarkodi ... Petitioner Vs.

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

2.The State of Tamil Nadu, Represented by, The Inspector of Police, Madhukoor Police Station, Thanjavur District.

Crime No.4 of 2025.

... Respondents Prayer : Criminal Original Petition filed under Section 528 of B.N.S.S., 2023, to transfer the investigation in Crime No.4 of 2025 on the file of the second respondent police to any other investigation officer and to file a final report within a stipulated time as may be fixed by this Court. For Petitioner : Mr.S.Mahendra Pathy 1/5

For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioner to transfer the investigation in Crime No.4 of 2025 on the file of the second respondent police to any other investigation officer and to file a final report within a stipulated time as may be fixed by this Court.

2. According to the petitioner, the petitioner is the de facto complainant in this case and based on her complaint, a case in Crime No.4 of 2025 was registered for the offences under Sections 296(b), 131, 324(4), 118(1) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 and thereafter, the petitioner attached the photo copies of the damaged properties and other information in respect of crime but the same has not been considered by the second respondent. Therefore, the petitioner filed this petition.

3. The learned Government Advocate (Crl. Side) appearing for the respondents would submit that they admitted the receipt of representation of the 2/5

petitioner and the same is under consideration. The representation of the petitioner also will consider for investigation purpose after ascertaining the genuinity of the said representation.

4. Since the prayer of the petitioner is to transfer the investigation and the representation of the petitioner was not considered by the respondents and now the second respondent admitted the receipt of the representation and stated that the representation will be considered during investigation and as of now the investigation is going on in a fair manner, the transfer of investigation is not necessary.

5. In view of the same recording the submission of the learned Government Advocate appearing for the respondents, this Criminal Original Petition stands disposed of.

11.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes BTR 3/5

To 1.The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Inspector of Police, Madhukoor Police Station, Thanjavur District.

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

4/5

P.DHANABAL, J.

BTR 11.03.2025 5/5