Madras High CourtWP(MD)/6180/2021allowed

Moogambikai.R v. Union Of India

2021-03-19Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.03.2021

CORAM:

THE HONOURABLE MRS.JUSTICE R. THARANI Moogambikai.R .. Petitioner Vs.

1.Union of India, The Principal Secretary, Department of Women and Child Development, Mahrana Pratap ISBT Complex, Kashmere Gate, New Delhi- 110006.

2.State of Tamil Nadu Rep. By The Principal Secretary, + Department of Home, Prohibition and Excise, Fort St. George, State Secretariat, Chennai- 600 009.

3.The Director General of Police, Post Box No. 601, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.

4.Additional Director General of Police, CBCID, Mylapore, Chennai-600 004.

5.The Inspector General of Police, Central Zone, Trichy- 621 004.

6.The Superintendent of Police, Thanjavur District , Thanjavur- 613 007.

7.The Superintendent of Police, Namakkal District , Namakkal- 637 001.

8.The District Collector, Thanjavur District , Thanjavur.

9.The Deputy Superintendent of Police, Tiruchengode Circle, Namakkal.

10.The Inspector of Police, Veppadai Police Station, Namakkal- 636 008.

11.Saravanakumar .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Mandamus, to direct the respondent No.3 to depute a Women Deputy Superintendent of Police in CB-CID to conduct investigation and take action against the accused persons who committed gang rape against the petitioner and direct the 1/3

respondents to provide necessary protection, relief and rehabilitation to the petitioner by considering the petitioner's representation dated 11.03.2021 and 14.03.2021 in accordance with law within the time frame that may be fixed by this Court. For Petitioner :Mr.S.Ramesh Kumar For Respondents 2 to 10 :Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

By consent, this Writ Petition is taken for final hearing.

2. On the side of the petitioner, it is stated that the petitioner is not an accused in any case, but, the police officials came to her house and forcibly took her in a Car and raped her on 26.09.2020 and later, they dropped her at the Thanjavur Bus Stand. The petitioner gave a complaint on 11.03.2021, but, no action was taken in that complaint and prayed to depute a Women Deputy Superintendent of Police in CB-CID to investigate the case. 3.On the side of the respondents 2 to 10, it is stated that the complaint was sent through on-line and the case was taken on file as C.S.R.No.89 of 2021, on 13.03.2021 and the name of the accused were not given in the complaint, hence, the petitioner was called for enquiry and that she has received summon for the enquiry. 4.

It is seen that there are some serious allegation against the police personals and hence, the Superintendent of Police, Thanjavur, is hereby directed to depute a Women Deputy Superintendent of Police for investigating this case. 5.With the above direction, this Writ Petition is allowed. Sd/- Assistant Registrar (CSII) // True Copy // / /2021 Sub Assistant Registrar(CS) Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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1. The Principal Secretary, Union of India, Department of Women and Child Development, Mahrana Pratap ISBT Complex, Kashmere Gate, New Delhi- 110006.

2. The Principal Secretary, Department of Home, Prohibition and Excise, Fort St. George, State Secretariat, Chennai- 600 009. 3.The Director General of Police, Post Box No. 601, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004.