Madras High CourtCRL OP(MD)/19140/2024disposed of

Hafizreshma v. The State Of Tamilnadu

2024-11-08Honourable Mr Justice M. Nirmal Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.11.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Crl.O.P.(MD)No.19140 of 2024 Hafizreshma : Petitioner Vs.

1.The State rep., by The Commissioner of Police, Trichy City, Trichy.

2.The Inspector of Police, All Women Fort Police Station, Trichirappalli District.

: Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the first respondent to transfer the investigation in Crime No.6 of 2022 from the second respondent police station to some other police station or any investigating officer or to some other impartial investigation agency based on the petitioner's representation dated 22.10.2024.

For Petitioner : Mr.A.Danielleo For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor 1/5

ORDER

This criminal original petition has been filed to direct the first respondent to transfer the investigation in Crime No.6 of 2022 from the second respondent police station to some other police station or any investigating officer or to some other impartial investigation agency based on the petitioner's representation dated 22.10.2024.

2. It is the contention of the petitioner that on her complaint, the second respondent police registered case in Crime No.6 of 2022 for the offence under Section 4 of Tamil nadu Prohibition of Women Harassment Act and 506(i) of IPC. Thereafter, no proper investigation has been conducted. Hence, in this regard, she sent representation to the first respondent dated 22.10.2024 and filed the above petition.

3. The learned Additional Public Prosecutor appearing for the respondent police opposed the contention of the petitioner and on instructions, submitted that in this case, on the complaint of the petitioner, case has been registered. Finding that it involved digital evidence, Section 67 of ID Act have been invoked and 2/5

alteration report has been filed on 16.03.2022. The electronic devices has been seized and the same has been sent for forensic examination. In this case, already six witnesses have been examined so far. Investigation is almost over and awaiting for forensic examination. Further, submitted that request was also made to Forensic as early as in the year 2023 in CF No.104 of 2023 and Receipt No. 044432.

4. In view of the above, it is seen that investigation is proceeded in the right direction and case is awaiting for forensic report. In view of the same, the Director, Forensic Department, Maylapore, Chennai, is to give priority and send report in Receipt No.044432 within a period of two months from the date of receipt of a copy of this order. After receipt of the report, within one month, final report to be filed before the appropriate Court.

5. With the above direction, this Criminal Original Petition is disposed of. 08.11.2024 NCC : Yes/No Index : Yes / No Rmk 3/5

To 1.The Commissioner of Police, Trichy City, Trichy.

2.The Inspector of Police, All Women Fort Police Station, Trichirappalli District.

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

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M.NIRMAL KUMAR,J.

Rmk Crl.O.P.(MD)No.19140 of 2024 08.11.2024 5/5