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Madras High CourtWP(MD)/10791/2025closed

Amirthavalli v. The Director General Of Police

2025-04-21Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL W.P(MD) No.10791 of 2025 Amirthavalli ... Petitioner Vs

1. The Director General of Police Office of the Director General of Police, Dr. Radhakrishnan Salai, Chennai - 600004.

2. The Inspector of Police, South Zone, Alagar Kovil Road, Madurai District.

3. The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.

4. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Ramanathapuram District.

5. The Inspector of Police, Keelakarai Police Station, Ramanathapuram District.

... Respondents Page No. 1 of 5

PRAYER: Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus to direct the respondent No.1 withdraw the case in Crime Number.48 of 2025 dated 29.03.2025 on the file of Respondent No. 5 and entrust the same to respondent No.4 or any other competent officials for completion of investigation and consequently, direct the Respondent No.5 to include the relevant provisions of the Scheduled Castes and the Schedule Tribes (Prevention of Atrocities) Act, 1989 in accordance with law within the time stipulated by this Court. For petitioner :Mr.R.Manibharathi For respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl.Side) *****

O R D E R

This petition is filed by the petitioner to transfer the case in Crime No.48 of 2025 on the file of the respondent police and to entrust the investigation to the fourth respondent or some other competent officer.

2. Today when the matter is taken up for admission, the learned Additional Public Prosecutor (Crl.Side) for the respondents would submit that based on the complaint lodged by the petitioner, they registered a case in Crime No.48 of 2025 for the offences under Sections 296(b) and 115(2) Page No. 2 of 5

of BNS and thereafter, closed the case as mistake of fact and notice also served to the petitioner. Therefore, the transfer of investigation would not arise in this case.

3. Considering the prayer sought for in this petitioner and the investigation was already completed and closed as mistake of fact after serving notice to the petitioner, therefore it is for the petitioner to challenge the closure report in the manner known to law.

4. In view of the same, the transfer of investigation would not arise. However, the petitioner is at liberty to approach the learned Judicial Magistrate-I, Ramnad to challenge the closure report of the complaint in the manner known to law.

5. With the abovesaid liberty, this Writ Petition is closed. 21.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd Page No. 3 of 5

To

1. The Director General of Police Office of the Director General of Police, Dr. Radhakrishnan Salai, Chennai - 600004.

2. The Inspector of Police, South Zone, Alagar Kovil Road, Madurai District.

3. The Superintendent of Police, Office of the Superintendent of Police, Ramanathapuram District.

4. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Ramanathapuram District.

5. The Inspector of Police, Keelakarai Police Station, Ramanathapuram District.

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

Page No. 4 of 5

P.DHANABAL,J apd W.P.(MD) No.10791 of 2025 21.04.2025 Page No. 5 of 5