Madras High CourtCRL OP(MD)/20811/2024disposed of

Irudhayamary v. The State Of Tamil Nadu

2024-11-28Honourable Mr Justice M. Nirmal Kumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.11.2024

CORAM

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

1.The Superintendent of Police, District Police Office, Trichy District.

2.The Deputy Superintendent of Police, DSP Office, Manapparai Taluk, Trichy District.

3.The Inspector of Police, Manapparai Police Station, Manapparai, Trichy District.

: Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to transfer the investigation of Crime No.19 of 2024 dated 12.01.2024 from the third respondent to the second respondent herein or any other investigation officer not less than cadre of Deputy Superintendent of Police, in Trichy District in the light of the petitioner's representation dated 04.11.2023 for free and fair investigation within a stipulated period as may fixed by this Court.

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For Petitioners : Mr.R.Sakthivel For Respondents : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

This petition has been filed by the petitioner to transfer the investigation in Crime No.19 of 2024 dated 12.01.2024 from the third respondent to the second respondent herein or any other investigation officer not less than cadre of Deputy Superintendent of Police, in Trichy District in the light of the petitioner's representation dated 04.11.2023 for free and fair investigation within a stipulated period.

2. The contention of the petitioner is that on the complaint of the petitioner, a case in Crime No.19 of 2024 had been registered against one John Peter, Simiyon and Velankanni for the offence under Sections 294(b), 324 and 506(2) of IPC. The occurrence date is on 31.12.2023. Due to inaction on the part of the police, the said Velankanni had again assaulted the petitioner, forced her to move away the place and also caused damage to the petitioner's property. Since the neighbors' aims is that the petitioner to be chased out from the property, so that they can grab the property and enjoy the same. Since no action on the earlier complaint 2/5

lodged, similar assault was committed on 05.07.2024, for which, complaint has been lodged and the same has been registered in Crime No. 324 of 2024 for the offence under Sections 296(b), 131 and 351 of BNS. The respondent police are not taking any action. The petitioner in support of his contention has produced the photograph showing the damage caused her household articles and also by the assault, she is taking treatment at Government Hospital, Manapparai. The petitioner had taken treatment as inpatient in the hospital from 25.01.2024 to 16.02.2024. Hence, filed the above petition seeking for transfer of investigation.

3. The learned Additional Public Prosecutor submitted that with regard to Crime No.19 of 2024, investigation is completed and charge sheet was filed through e-filing in E-File No.CCLTN20220002031C202400121. With regard to the second complaint in Crime No.324 of 2024, investigation is in progress and same would be completed and final report would be filed within a period of three months. All steps would be taken ensuring justice would render to the poor lady.

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4. Recording the above, this Criminal Original Petition is disposed of with a direction to the Deputy Superintendent of Police, Manapparai, to monitor the investigation in Crime No.324 of 2024. 28.11.2024 NCC : Yes/No Index : Yes / No Rmk To 1.The Superintendent of Police, District Police Office, Trichy District.

2.The Deputy Superintendent of Police, DSP Office, Manapparai Taluk, Trichy District.

3.The Inspector of Police, Manapparai Police Station, Manapparai, Trichy District.

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

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M.NIRMAL KUMAR,J.

Rmk 28.11.2024 5/5