Karthika v. The State Of Tamilnadu Rep.By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2025 CORAM :
THE HON'BLE MR.JUSTICE B.PUGALENDHI Karthika ... Petitioner Vs.
1.The State of Tamil Nadu rep by the Superintendent of Police, Madurai District.
2.The Deputy Superintendent of Police, Melur Sub Division, Madurai District.
3.The Inspector of Police, All Women Police Station, Melur, Madurai District.
[Crime No.1 of 2025] 4.Inbaraj
...Respondents
Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the 1st respondent to withdraw crime No.1 of 2025 on the file of the 3rd respondent and entrust the same to the some other officer to complete the investigation and file the final report before the court concerned within the time stipulated court. 1/7
For Petitioner : Mr.S.Poornachandran For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor
ORDER
The petitioner / defacto complainant in Crime No. 1 of 2025 on the file of the 3rd respondent All Women Police Station, Melur has filed this petition seeking a direction to the 1st respondent Superintendent of Police, Madurai district to withdraw the case in crime No.1 of 2025 from the 3rd respondent police and to entrust the same to some other investigating officer for filing the final report within a stipulated time. 2.The learned counsel appearing for the petitioner submits that the petitioner's marriage with the 4th respondent was solemnised on 21.04.2024. The petitioner is having certain issues with her husband that he has cheated the petitioner as if he is working as an Aeronautical Engineer and also harassed her by demanding dowry. She lodged a complaint as against the 4th respondent, to recover her Sridhana articles to an extent of 30 sovereigns from the 4th respondent. This complaint of this petitioner dated 22.06.2024 was treated as petition enquiry by the 2/7
respondent police and subsequently the respondent police have registered a case in Crime No.1 of 2025 as against the 4th respondent and others, for the offence under Sections 85, 296(b), 316(2) and 315(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act (TNPHW). 3.The learned counsel for the petitioner further submits that the 4th respondent has filed an application for anticipatory bail before this court in CrlOP(MD)No.3665 of 2025 and this court considering that it is only a matrimonial dispute, referred the matter for mediation. In the mediation the 4th respondent has agreed to return the jewels of this petitioner, however, he has subsequently denied. Therefore, the matter was referred to the court.
According to the petitioner, the 4th respondent has agreed to return the jewels of this petitioner, educational certificates and other household articles to the petitioner, however, he has not returned it. Considering this attitude of the 4th respondent, this court rejected the anticipatory bail petition to the 4th respondent, however, granted anticipatory bail to the in-laws of the petitioner. The 4th respondent has preferred second petition seeking anticipatory bail before this court in CrlOP(MD)No.
certain documents and one of the documents disclosed that there was a transaction of Rs.4,000/- from him to a women police, who was conducting the investigation in crime No.1 of 2025. Therefore, the petitioner has filed this petition seeking transfer of investigation. 4.Considering the allegations made by this petitioner, this court by order dated 07.08.2025 has directed the 2nd respondent / Deputy Superintendent of Police to file a report as to the allegations made in this petition. The Deputy Superintendent of Police has filed a report dated 14.08.2025 that enquiry was conducted pursuant to the averments made by this petitioner in this petition and they found that there was a transaction of Rs.4,000/- between the 4th respondent and one Special Sub Inspector of Police Ms.Kodimalar.
This Special Sub Inspector of Police only had dealt with the complaint of this petitioner on 22.06.2024, issued receipt in CSR No.382 of 2024. She has received the said sum of Rs.4,000/- on 28.06.2024 through G-pay. The Deputy Superintendent of Police has further stated that based on the enquiry, he has also recommended for disciplinary proceedings as against the Special Sub Inspector of Police to the Superintendent of Police by his report dated 13.08.2025.
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5.Since the allegations made by this petitioner as against the Special Sub Inspector of Police, who is conducting the investigation in crime No.1 of 2025 on the file of the 3rd respondent police station, are found to be true, this court is inclined to allow this petition. 6.In the result, this petition is allowed with the following directions:
(i) the 1st respondent Superintendent of Police shall withdraw the case in Crime No.1 of 2025 from the file of the 3rd respondent police and shall entrust the same to the 2nd respondent / the Deputy Superintendent of Police, Melur Sub Division for further investigation; and (ii) the 2nd respondent / Deputy Superintendent of Police shall conduct a fair investigation and shall file a final report as expeditiously as possible.
22.08.2025 DSK 5/7
To 1.The Superintendent of Police, Madurai District.
2.The Deputy Superintendent of Police, Melur Sub Division, Madurai District.
3.The Inspector of Police, All Women Police Station, Melur, Madurai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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B.PUGALENDHI,J DSK 22.08.2025 7/7