Madras High CourtCRL OP(MD)/19438/2024dismissed

M.Rajamani v. The State Of Tamilnadu

2024-11-11Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.11.2024

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR M.Rajamani .. Petitioner Vs.

1. The Superintendent of Police Karur District,Karur

2. The Inspector of Police K. Paramathi Police Station Karur District

3. The Inspector of Police All Women Police Station K.Paramathi, Karur District

4. The Inspector of Police CBCID, Karur Unit Karur .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS to withdraw the case in Crime No. 246 of 2024 on the file of the second respondent police and transfer the same to the fourth respondent police. For Petitioners : Mr.S.Gokulraj For Respondents : Mr.K.Sanjai Gandhi Government Advocate(Crl.Side) 1/4

ORDER

This Criminal Original Petition has been filed to withdraw the case in Crime No. 246 of 2024 on the file of the second respondent police and transfer the same to the fourth respondent police on the apprehension that the second respondent is hand in glow with the accused persons and had ignored to include the provision of Section 74 of BNS Act and Section 4 of TNPHW Act. The petitioner took treatment in the hospitaland at that time she had lodged complaint before the respondent police. The investigation has not been conducted in the manner known to law. Hence the above petition.

2. The learned Government Advocate(Crl.Side) would submit on the complaint of the petitioner the respondent police registered First Information Report, took up investigation and also filed laid charge sheet against two accused persons namely Sathasivam and Ramasamy under Sections 296(b),118(1), 351(3) of BNS and Section 4 of TNPHW Act. The apprehension of the petitioner is misconceived. The respondent police has included Section 4 of TNPHW Act in the charge sheet and further in the charge sheet 12 persons were listed as witnesses and materials 2/4

produced. Now the case has been filed before the learned Judicial Magistrate, Aravakurichi on 05.10.2024 vide e.filing number LTN2022-0001534C202Y00370.

3. In view of the same the Criminal Original Petition stands dismissed with liberty to the petitioner to make his objection on persual of the charge sheet if still his grievance is not addressed. 11.11.2024 NCC : Yes/No Index : Yes / No Internet : Yes / No aav To

1. The Superintendent of Police Karur District,Karur

2. The Inspector of Police K. Paramathi Police Station Karur District

3. The Inspector of Police All Women Police Station K.Paramathi, Karur District

4. The Inspector of Police CBCID, Karur Unit, Karur 5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M.NIRMAL KUMAR,J.

aav 11.11.2024 4/4