Madras High Court
M.Jeyabharathi vs The Superintendent Of Police on 17 March, 2025
Crl.O.P(MD)No.2422 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.03.2025
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL
Crl.O.P(MD)No.2422 of 2025
M.Jeyabharathi ... Petitioner
Vs
1. The Superintendent of Police,
Ramanathapuram District,
Ramanathapuram.
2. The Additional Superintendent of Police,
Crime Against Women and Children Wing,
Ramanathapuram District.
Ramanathapuram.
3. The Inspector of Police,
All Women Police Station,
Paramakudi,
Ramanathapuram District.
Crime No.28/2024. ... Respondents
PRAYER: Criminal Original petitions have been filed under Section
528 of BNSS to direct the first respondent herein to transfer the
investigation of first information report in Crime No.28 of 2024 on the
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Crl.O.P(MD)No.2422 of 2025
file of the third respondent to the second respondent.
For Petitioner : Mr.Ramalingam K.C,
For Respondents : Mr.M.Sakthi Kumar
Government Advocate (Crl.Side)
ORDER
This Criminal Original Petition has been filed seeking a direction to transfer the investigation the case in Crime No.28 of 2024 on the file of the third respondent to the second respondent.
2.According to the petitioner, she is the defacto complainant in this case and based on her complaint, the third respondent police registered the FIR in Crime No.28 of 2024, for the offence under Sections 354C and 387 of IPC and thereafter, the third respondent has not conducted proper investigation and not even arrested the accused and thereby, the investigation has to be transferred to the second respondent. 2/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/03/2025 10:59:54 am ) Crl.O.P(MD)No.2422 of 2025
3.The learned Government Advocate (Crl.Side) appearing for the respondents police would submit that in this case, after registration of FIR, so far 14 witnesses have been examined and the respondent police have seized the accused person's cellphone. On verification of the cellphone, no any videos are available as stated by the petitioner. However, the said cellphone was sent for Forensic Lab to ascertain whether any videos are deleted or not and the same is pending with the Forensic Lab. Therefore, the third respondent is conducting the investigation in a fair manner.
4.The main grievance of the petitioner is that the third respondent has not conducted proper investigation and no steps have been taken to arrest the accused. As far as arrest is concerned, it is for the investigation agency to decide whether arrest is necessary or not and apart from that there are no grounds to transfer the case. It is also represented that so far 14 witnesses have been examined and a cellphone has been seized from the accused and sent to Forensic Lab. Therefore, the investigation is going on in a fair and transfer of case is unnecessary one at this stage.
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5.Therefore, this Criminal Original Petition is disposed of with a direction to the third respondent to conduct a fair investigation in accordance with law.
17.03.2025
Internet :Yes
Index :Yes/No
NCC :Yes/No
LR
To
1. The Superintendent of Police,
Ramanathapuram District,
Ramanathapuram.
2. The Additional Superintendent of Police, Crime Against Women and Children Wing, Ramanathapuram District.
Ramanathapuram.
3. The Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram District.
Crime No.28/2024.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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LR Crl.O.P(MD)No.2422 of 2025 17.03.2025 6/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 25/03/2025 10:59:54 am )