Madras High Court
Banumathi vs The Superintendent Of Police on 8 September, 2022
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
Crl.O.P.No.5112 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2022
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
Crl.O.P.No.5112 of 2022
Banumathi ...Petitioner
-Vs-
1. The Superintendent of Police,
Cuddalore District,
Cuddalore.
2. The Deputy Superintendent of Police,
Tittagudi Sub Division,
Cuddalore District.
3. The Inspector of Police,
Avindangudi Police Station,
Cuddalore District. ... Respondents
Prayer: Criminal Original petition filed under Section 482 of Code of
Criminal Procedure, to direct the respondent to conduct further
Investigation including offences under Section 92(1) and 92(2) of The
Rights of the Persons with Disabilities Act, 2016 (Act 46 of 2016) and
Section 341 and 352 of IPC along with Section 294(b), 324, 355, 506(ii)
and 379 of IPC read with Section 4 of Tamil Nadu Prohibition of
Harassment of Women Act, 2002 and to file a final report within a
stipulated time.
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Crl.O.P.No.5112 of 2022
For Petitioner : Mr.C.Prabakaran
For Respondents : Mr.E.Raj Thilak
Additional Public Prosecutor
ORDER
This Criminal Original Petition has been filed to issue directions to the respondents to conduct further Investigation including offences under Section 92(1) and 92(2) of The Rights of the Persons with Disabilities Act, 2016 (Act 46 of 2016) and Section 341 and 352 of IPC along with Section 294(b), 324, 355, 506(ii) and 379 of IPC read with Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002 and to file a final report within a stipulated time.
2. The learned counsel appearing for the petitioner would submit that there are specific allegations to attract the offence under Sections 92(1) and 92(2) of The Rights of the Persons with Disabilities Act, 2016 However, the third respondent failed to add the said offences in the FIR as against the accused persons.
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3. The learned Additional Public Prosecutor would submit that initially FIR was registered for the offences under Sections 294(b), 324, 355, 506(ii), 379 of IPC and Section 4 of Tamil Nadu Women Harassment Act, 2002. However, after completing the investigation, the respondent altered the offence into Sections 294(b), 355, 323, 506(1) of IPC and Section 4 of Tamil Nadu Women Harassment Act, 2002. In fact, final report has also been filed before the learned Judicial Magistrate, Thittakudi and it is pending for taking cognizance.
4. In view of the above discussions, this Court is of the view that, further investigation cannot be ordered at this stage. However, the petitioner is at liberty to invoke the provisions under Sections 216 and 319 of Cr.P.C before the trial Court during the trial. Accordingly, this Criminal Original Petition is disposed of.
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1. The Superintendent of Police, Cuddalore District, Cuddalore.
2. The Deputy Superintendent of Police, Tittagudi Sub Division, Cuddalore District.
3. The Inspector of Police, Avindangudi Police Station, Cuddalore District.
4. The Public Prosecutor, High Court, Madras.
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