Dhanalakshmi v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Dhanalakshmi : Petitioner Vs.

1.The Superintendent of Police, O/o.The Superintendent of Police, Karur District.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Kulithalai, Karur District.

3.The Inspector of Police, O/o.The Inspector of Police, Chinthamanipatty Police Station, Karur District.

Crime No.198 of 2024.

: Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the second respondent to withdraw the case in Crime No.198 of 2024 on the file of the third respondent and to transfer the same to some other competent fair investigation officer.

For Petitioner : Mr.S.Prabha For Respondents : Mr.P.Kottai Chamy, Government Advocate (Criminal Side) 1/4

ORDER

This Criminal Original Petition filed, under Section 528 of BNSS., seeking orders, to direct the second respondent to withdraw the case in Crime No.198 of 2024 on the file of the third respondent and to transfer the same to some other competent fair investigation officer.

2. It is not in dispute that on the basis of the complaint given by the petitioner, FIR came to be registered in Crime No.198 of 2024 for the offence under Sections 296(b) and 115(2) of BNS 2023.

3. The learned Government Advocate (Criminal Side) appearing for the State would submit that after registration of FIR, they have obtained AR copy, wherein it has been shown that the injury suffered by defacto complainant is simple in nature and that the investigation is pending. The FIR has been registered on 07.08.2024 and the investigation is in earlier stage.

4. Considering the facts and circumstances of the case and also taking note of the fact that in the absence of any material to change the 2/4

investigation, this Court is not inclined to entertain this petition. Hence, the Criminal Original Petition is devoid of merits and the same is liable to be dismissed.

5. In the result, this Criminal Original Petition is dismissed. 30.08.2024 NCC : Yes/ No Index : Yes/No Internet : Yes/ No das To 1.The Superintendent of Police, O/o.The Superintendent of Police, Karur District.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Kulithalai, Karur District.

3.The Inspector of Police, O/o.The Inspector of Police, Chinthamanipatty Police Station, Karur District.

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

3/4

K.MURALI SHANKAR,J.

das Dated: 30.08.2024 4/4