Madras High Court
K.Shanmugapriya vs The Commissioner Of Police on 20 February, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.02.2025
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.25703 of 2023
K.Shanmugapriya .... Petitioner
Vs
1.The Commissioner of Police,
Commissioner Officer,
Vepery, Chennai – 600 010.
2.The Inspector of Police,
All Women Police Station W24,
Teynampet, Chennai – 600 018. .... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India, for issuance of Writ of Mandamus, directing the 2nd respondent to
reopen the Investigation and investigate the case with further evidence /
statement / facebook messages, etc., in respect of cell phone and to seize
the cell phone and to file additional report in respect of case in Crime
No.1 of 2021 (on the file of the 2nd respondent police).
For Petitioner : Mrs.T.Sreelekha
For Respondents
For R1 & 2 : Mr.K.M.D Muhulan
Government Advocate (Crl. Side)
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ORDER
This Writ Petition has been filed for a direction directing the
second respondent to reopen the investigation for further investigation
and to file an additional report in respect of case in Crime No.1 of 2021.
2. On the complaint lodged by the petitioner/defacto complainant,
an FIR has been registered in Cr.No.1 of 2021 for the offences under
Sections 376, 417, 420, 294(b), 506(2) and 509 of IPC as against 7
accused persons. After completion of final report, the same has taken
cognizance in S.C. No. 351 of 2023 on the file of the Mahila Court,
Allikulam, Chennai and it is pending for trial. Even before completion of
investigation, the petitioner filed a representation stating that there are
material evidence available to attract offence under Information
Technology Act, 2000 by seizure of cell phone from the accused.
3. The learned Government Advocate (Crl.Side) submitted that on
provisions available to invoke additional charges as well as the
implication of other accused under the BNSS, the petitioner can very
well file appropriate petition during trial. However, the facebook
messages and other materials show that the offence under the
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Information Technology would attract as against the accused.
4. In view of the above, the second respondent is directed to
conduct further investigation in the light of the materials produced by the
petitioner by seizing of all messages from the accused facebook and
seizure of cell phone and complete the same within a period four weeks
and file an additional report, if any, before the trial Court within a period
of six weeks from the date of receipt of the copy of the order, till then
the Trial Court is directed not to proceed with the Trial. After
completion of six weeks, the Trial Court is directed to proceed with the
trial by the additional report.
5. With the above directions, this Writ Petition is disposed of. No
costs.
20.02.2025
Index : Yes/No
Neutral citation : Yes/No
Speaking/non-speaking order
rkp
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G.K.ILANTHIRAIYAN, J.
rkp To
1.The Commissioner of Police, Commissioner Officer, Vepery, Chennai – 600 010.
2.The Inspector of Police, All Women Police Station W24, Teynampet, Chennai – 600 018.
W.P.No.25703 of 2023(½) 20.02.2025 https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 07:31:04 pm ) Page 4 of 4