Meenaloshini v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2024

CORAM

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

1.The Commissioner of Police, Trichirappalli City, Trichirappalli District.

2.The Inspector of Police, Srirangam Police Station, Trichirappalli City.

Crime No.3038 of 2023 3.S.Vennila 4.Manvizhi ... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, 2023, to transfer the investigation in Crime No.3038 of 2023 on the file of the Inspector of Police, Srirangam Police Station/second respondent herein to the file of any other higher officer under direct supervision of the first respondent herein.

For Petitioner : Mr.P.Sujai Krishana 1/6

For R1 & R2 : Mr.A.Thiruvadikumar Additional Public Prosecutor

ORDER

The petitioner had filed this petition seeking transfer of investigation in Crime No.3038 of 2023 from the file of Srirangam police Station to the file of any other higher officer under the direct supervision of the first respondent herein.

2. The contention of the petitioner is that on the complaint of the petitioner, case in Crime No.3038 of 2023 was registered on 20.12.2023 for the offence under Sections 147, 148, 149, 452, 294(b), 324 and 506(2) of IPC. The complaint is that on 05.11.2023 at about 06.00 am., one Seenivasan, Vimalkumar, Vigneshkumar, Lakshmi from Kalangiam and Suresh, Kasirani, Selvaraj, Muthuvel from Ambedkar Nagar and Jana, who is tl;l nrayhsh; of DMK and identified 20 persons had entered into the defacto complainant's property along with deadly weapons, at that time, Vimalkumar had used abusive words against the petitioner/defacto complainant, they told unwanted words about the character of the petitioner and threatened her and her husband and also 2/6

they stabbed with knife her husband's right leg. They also proclaimed that they would fence the property and threatened the petitioner and her husband to stay away the property and forced them to vacate the property. Further, the accused persons also claimed that they have got support of the police and the fourth respondent is known to them. Hence, complaint has been lodged by the petitioner. The petitioner had also sent representation on 21.03.2024 stating that one Seenivasan's daughter/ fourth respondent herein has influence the respondent police, who is conducting the enquiry, that is the reason, initially case was not registered and after filing a petition before the Court, FIR came to be registered. Hence, sought transfer of investigation to some other police officer. Though representation was received, no action has been taken.

3. The learned Additional Public Prosecutor submitted that FIR in this case has been registered on 20.12.2023 pursuant to the direction of the learned Judicial Magistrate on 07.12.2023. Now, the petitioner had sent a representation on 21.03.2024 casting doubt on the investigation. In this case, investigation is progressing in a right direction and soon, final report would be filed.

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4. Heard both sides and perused the materials placed.

5. Considering that the petitioner being a lady and some persons claiming money muscle power and political power had caused physical harm and threatened her and also the threat was to take over the petitioner's property and the fourth respondent /police constable is also close relative to some of the offenders and further, it is seen that one Seenivasan/ father of fourth respondent seems to be a person behind the offence, this Court directs the Inspector of Police, Srirangam Police Station, to conduct investigation in Crime No.3038 of 2023 and the Assistance Commissioner of Police, Srirangam, is directed to monitor the same and file a final report within a period of four months from the date of receipt of a copy of this order.

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

NCC : Yes / No 29.11.2024 Index : Yes / No Rmk 4/6

To 1.The Commissioner of Police, Trichirappalli City, Trichirappalli District.

2.The Inspector of Police, Srirangam Police Station, Trichirappalli City.

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

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M.NIRMAL KUMAR, J.

Rmk Order made in Dated: 29.11.2024 6/6