Mary Shaya Bamila v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.09.2025
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN Mary Shaya Bamila ... Petitioner Vs.
The State of Tamil Nadu rep. by 1.The Superintendent of Police, Thoothukudi, Thoothukudi District.
2.The Inspector of Police, AWPS Thiruchendur Police Station, Thoothukudi District.
3.The Inspector of Police, CBCID Thoothukudi Range, Thoothukudi.
4.Peter ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of Bharathiya Nagarik Suraksha Sanhita, 2023 to withdraw the investigation in Crime No.7 of 2025 pending on the file of the second respondent police and transfer the same and entrust the investigation to the third respondent police with direction to investigate the case in accordance with law within the period that may be stipulated by this Court. Page No. 1 of 5
For Petitioner : Mr.V.Nirmal Kumar For R1 to R3 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor *****
O R D E R
This Criminal Original Petition has been filed to transfer the investigation in Crime No.7 of 2025 from the file of the second respondent to the third respondent.
2. The learned Additional Public Prosecutor for the first to third respondents, on instructions, would submit that the investigation has been conducted and the case has been closed based on the statement of the victim recorded under Section 164 of the Cr.P.C./Section 183 of the BNSS and on the evidence collected during the investigation. The learned Additional Public Prosecutor also produced a copy of the said statement of the victim before this Court.
3. Since the investigation in the FIR has been completed and the final report has been filed, this Court cannot entertain the prayer of the petitioner. If the petitioner is aggrieved by the final report, she is at liberty to challenge the same in the manner known to law. Page No. 2 of 5
4. The learned Additional Public Prosecutor for the first to third respondents would submit that, when Referred Charge Sheet (RCS) notice was served on the petitioner, she refused to receive the same, and it was thereafter pasted on the door of the petitioner's premises in the presence of the concerned V.A.O. If the petitioner approaches the second respondent for a copy of the final report, the second respondent may furnish the same.
5. With the above observations, this Criminal Original Petition is closed.
09.09.2025 JEN Index: Yes/ No Speaking Order / Non-Speaking Order Copy To:
1.The Superintendent of Police, Thoothukudi, Thoothukudi District.
2.The Inspector of Police, AWPS Thiruchendur Police Station, Thoothukudi District.
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3.The Inspector of Police, CBCID Thoothukudi Range, Thoothukudi.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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SUNDER MOHAN , J.
JEN 09.09.2025 Page No. 5 of 5