Arumugam v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.12.2024

CORAM:

THE HONOURABLE MR. JUSTICE M. NIRMAL KUMAR Arumugam

...Petitioner/Defacto Complainant

Vs.

1.The Superintendent of Police, Dindigul District.

2.The Inspector of Police, All Women Police Station (Rural), Sanarpatti, Dindigul District.

... Respondents/Complainants PRAYER: Criminal Original Petition filed under Section 528 of BNSS directing the second respondent to file a final report in Crime No.38 of 2024 within a time stipulated by this Court.

For Petitioner : Mr.S.Prabhu For Respondents : Mr.K.Sanjai Gandhi Government Advocate (Crl. side)

ORDER

This petition has been filed praying to direct the second respondent to file a final report in Crime No.38 of 2024 within a time stipulated by this Court. 1/4

2.The case of the petitioner is that he has lodged a complaint on 08.11.2024 alleging that his minor daughter is being stalked by one Arulprasad, who was earlier employed for centering work in his house. Taking advantage of her young age, he used to follow her, whenever she went to school. Therefore, the petitioner's daughter informed the same to the petitioner. Eventhough the petitioner warned the said Arul Prasad, he continued to follow his daughter. Finally, on 09.10.2024, when the petitioner's daughter was alone at home, he entered into the house, threatened her and also forced her to love him. Hence, the present complaint.

3.The contention of the petitioner is that after the arrest of the accused on 08.11.2024, the investigation has not been conducted by the respondent police properly. Hence, this Court may issue a direction to the respondent police to complete the investigation.

4.The learned Government Advocate (Crl. side) submits that based on the complaint given by the petitioner, FIR has been registered in Crime No.38 of 2024 for the offence under Sections 332(b) and 351(2) of BNS and Section 7 r/w 8 of POCSO Act, 2012 on 08.11.2024. He further submits that the accused was arrested and he is still in prison. The petitioner is none other than the 2/4

President of Alamarathupatti Village Panchayat, Aathur Taluk and he has got two daughters and the complaint is that the accused has one sided love with his daughter and he was following her. After investigation, the case has been further altered and the offence under Section SC/ST Act is also included. 5.In view of the above, the respondent police is taking necessary steps to continue the investigation after collection of further materials and recording the statement of witnesses and thereafter, file a charge sheet in this case without delay.

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

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06.12.2024 Internet:Yes Index:Yes/No Speaking/Non speaking order sji To 1.The Superintendent of Police, Dindigul District.

2.The Inspector of Police, All Women Police Station (Rural), Sanarpatti, Dindigul District.

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M. NIRMAL KUMAR.J., sji 3.The Additional Public Prosecutor Madurai Bench of Madras High Court Madurai 06.12.2024 4/4