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Madras High CourtCRL OP(MD)/16832/2024disposed of

Chandra v. The State Of Tamil Nadu

2024-10-03Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.10.2024

CORAM

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

1.The District Superintendent of Police, O/o.the District Superintendent of Police, Madurai District - 625 007.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Melur Sub Division, Madurai District - 625 106.

3.The Inspector of Police, Melur All Women Police Station, Melur Taluk, Madurai District - 625 106.

Crime No.20 of 2024.

... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the first respondent to transfer the investigation from the third respondent office to the second respondent office for conducting fair and impartial investigation in Crime No.20 of 2024 on the file of the third respondent.

For Petitioner : Mr.R.Karunanidhi 1/4

For Respondents : Mr.P.Kottai Chamy Government Advocate (Crl. Side)

ORDER

The Criminal Original Petition has been filed, invoking Section 528 B.N.S.S., seeking orders, to direct the first respondent to transfer the investigation from the third respondent office to the second respondent office for conducting fair and impartial investigation in Crime No.20 of 2024 on the file of the third respondent.

2. The learned counsel for the petitioner would submit that on the basis of the complaint given by the petitioner, FIR came to be registered in Crime No.20 of 2024 for the offence under Sections 294(b), 417 and 506(i) IPC and that though the petitioner has raised averments attracting the provisions of SC/ST (POA) Act, respondent police have not included the same.

3. The learned Government Advocate (Criminal Side) appearing for the State would submit that defacto complainant has already married and that she was having affairs with the accused and that the accused by giving false promise to marry her, has had physical relationship and 2/4

thereafter, he refused to marry her and that the present complaint came to be lodged and they have examined three witnesses and that the investigation is pending.

4.Considering the above, the second respondent is directed to proceed with the investigation and complete the same as expeditiously as possible.

5. With the above direction, the Criminal Original Petition is disposed of.

03.10.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No das 3/4

K.MURALI SHANKAR,J.

DAS To 1.The District Superintendent of Police, O/o.the District Superintendent of Police, Madurai District - 625 007.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Melur Sub Division, Madurai District - 625 106. 3.The Inspector of Police, Melur All Women Police Station, Melur Taluk, Madurai District - 625 106.

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

Order made in Dated: 03.10.2024 4/4