Asmarina v. The State Of Tamilnadu Rep. By The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.11456 of 2025 Asmarina ... Petitioner Vs 1.The State of Tamilnadu Rep., By the Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The State of Tamil Nadu Rep., By the Inspector of Police, Kenikarai Police Station, Ramanathapuram.

Crime No.204 of 2025.

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to transfer the investigation in Crime No.204 of 2025 on the file of the 2nd respondent police and entrust the same to any other law enforcing agency for a proper and fair enquiry.

For Petitioner : Mr.C.Senthil Murugan, For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/4

O R D E R

The petitioner has lodged a complaint as against her husband and the same was registered in Crime No.204 of 2025 on the file of the respondent police, for the offence under Sections 296(b) and 351(2) of BNS,2023. The petitioner has filed this petition seeking transfer of investigation that the investigating officer is conducting the investigation in a biased manner.

2.Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor, who takes notice for the respondents submits that the investigation in Crime No.204 of 2025 has already been completed and final report has also been filed before the concerned Court through efiling on 28.05.2025, as ''mistake of fact''. 3.This Court considered the rival submissions made and also perused the materials placed on record.

4.The petitioner claims that her complaint has not been 2/4

enquired properly. On the side of the respondents, it is claimed that the investigation in Crime No.204 of 2025 has already been completed and they have filed the final report as mistake of fact. The petitioner is having a remedy before the concerned Judicial Magistrate Court, by filing a protest petition. The respondent police shall furnish a copy of the closure report to the petitioner to work her remedy in the manner known to law.

5.With the above direction, this Criminal Original Petition is closed.

08.07.2025 NCC : Yes/No Index : Yes/No vrn To 1.The Superintendent of Police, Ramanathapuram District, Ramanathapuram.

2.The Inspector of Police, Kenikarai Police Station, Ramanathapuram.

3/4

B.PUGALENDHI,J vrn Order made in Crl.OP(MD)No.11456 of 2025 08.07.2025 4/4