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Madras High CourtCRL OP(MD)/12033/2025closed

K. Rajeswari v. The State Of Tamilnadu, Rep. By The Inspector Of Police,

2025-08-19Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.08.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.O.P(MD)No.12033 of 2025 K.Rajeswari .. Petitioner versus 1.The State of Tamil Nadu, Rep. by the Inspector of Police D1, Thallakulam Police Station, Madurai. (FIR No.710 of 2025) 2.The Commissioner of Police, Madurai City, Madurai.

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent to transfer the investigation of F.I.R.No.710 of 2025 pending on the file of the first respondent to any other All Women Police Station and to appoint any woman officer not below the rank of the Deputy Commissioner of Police to conduct free and fair investigation and act to in accordance with law. For Petitioner : Mr.A.Mohan For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/5

ORDER

The petitioner, who is the defacto complainant in Crime No.710 of 2025, has filed this petition seeking a direction from this Court to transfer the investigation in the said crime from the file of the first respondent to any other All Women Police Station and to appoint a woman officer not below the rank of Deputy Commissioner of Police to conduct a free and fair investigation.

2. The case of the petitioner is that his daughter eloped with a boy and was found missing on 19.06.2025. The petitioner lodged a complaint before the first respondent on 21.06.2025, which was registered in Crime No.710 of 2025. The petitioner apprehended that one Vijay Kumar might have abducted his daughter. It appears that the girl was recovered and referred for medical examination on 21.06.2025. The medical report revealed that the petitioner's daughter was subjected to sexual harassment. However, the respondent police did not register a case under the relevant provisions of law.

3. The petitioner's daughter refused to join the petitioner and, at her request, was referred to a home run by an N.G.O. On 30.06.2025, 2/5

she was brought to the police station from the said home and gave a statement that she had developed a friendship with Vijay Kumar through Instagram over the past one month. Thereafter, she expressed her willingness to depose before the learned Judicial Magistrate, and accordingly, she was produced before the Judicial Magistrate No.III, Madurai, on 30.06.2025. In her statement, she stated that she had been victimised and also threatened.

4. In these circumstances, the petitioner has filed the present petition seeking transfer of investigation on the ground that the Inspector of Police, Tallakulam Police Station, made a comment that the petitioner's daughter had "given room for the incident," thereby raising a genuine apprehension that the respondent police would not conduct a fair and proper investigation.

5. The learned Additional Public Prosecutor submits that, in view of the allegation made by the petitioner, the second respondent/ Commissioner of Police has already transferred the investigation from D1 Tallakulam Police Station to the All Women Police Station, Tallakulam, and that the final report has been filed by another officer, namely, Sangeeta, Inspector of Police.

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6. Since it is reported that the final report has already been filed, this petition is closed, with a direction to the respondent police to ensure that the said final report is taken on file without any further delay. 19.08.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn To 1.The Inspector of Police D1, Thallakulam Police Station, Madurai. (FIR No.710 of 2025) 2.The Commissioner of Police, Madurai City, Madurai.

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

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B.PUGALENDHI, J.

skn Crl.O.P(MD)No.12033 of 2025 19.08.2025 5/5