IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.12.2021

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR

CRL.O.P.No.20242 of 2021

A.Jansirani

... Petitioner/Defacto complainant

Vs

State rep by

Inspector of Police,

W-32, All Women Police Station,

Madipakkam, Chennai – 600 091,

Crime No.5 of 2015.

... Respondent

PRAYER: Criminal Original Petition filed under Section 482 of

the Code of Criminal Procedure, to direct the respondent police

to expedite the investigation and file final report in crime

No.5 of 2015 pending on the file of the respondent police.

For Petitioner :

Mr.D.Vijaya Babu

For Respondent

:

Mr.E. Raj Thilak

Additional Public Prosecutor.

ORDER

This Criminal Original Petition has been filed by the

petitioner to direct the respondent police to expedite the

investigation and file final report in crime No.5 of 2015,

pending on the file of the respondent police.

2. The petitioner/defacto complainant lodged a complaint on

19.06.2015, against five persons for the offences under Sections

498 (A), 406, 323 & 506(i) IPC. The case has been registered in

FIR No.05 of 2015, thereafter, there is no investigation in this

case. Hence, the petitioner/defacto complainant has filed the

present petition.

3. The gist of the complaint is that the defacto

complainant married her husband, Arokia vimal A1, on 29.01.2012.

It was an arranged marriage. During the marriage customary,

presentations were made. One day prior to the marriage, the

petitioner's mother in law and father in law demanded 100

sovereigns of gold and threatened that if their demand was not

met, the marriage would be stopped. Therefore, their demand was

https://hcservices.ecourts.gov.in/hcservices/

met with a great difficulty. Subsequently, all the jewels of

the petitioner were taken away by the accused and the petitioner

has been harassed both mentally and physically and subjected to

cruelty. Hence, the petitioner lodged a complaint and FIR

registered. The further grievance of the petitioner is that the

respondent police not made any progress in the investigation.

The defacto complainant on several occasions approached the

respondent police, furnished all the necessary documents and

gave explanations, which was not at all considered. Each time

they were giving one reason or the other to the petitioner. In

the year 2017, A4 and A5 filed a petition in Crl.O.P.No.2075 of

2017, to quash the FIR, this petition got dismissed as

infructuous recording, investigation completed and final report

filed in that matter. Thereafter, the petitioner/defacto

complainant approached for the copy application, found that the

investigation is still pending and no charge sheet filed. The

petitioner is not satisfied in the manner in which the

investigation is being conducted and hence, sought for the

transfer of the case.

4. The Additional Public Prosecutor fairly submits that in

this case investigation not progressed, except filing of FIR,

non examined and no statement recorded.

5. The respondent police seems to be in deep slumber, no

action taken, for what reason best known to them. From the year

2015, the defacto complainant is running from pillar to post,

despite she taking all efforts, no progress in the case. In

view of the same, this Court inclines to transfer the crime

No.05 of 2015, pending on the file of the Inspector of Police,

W-32, All Women Police Station, Madipakkam, Chennai – 600 091,

to any police officer of competency, to be identified by the

Deputy Commissioner of Police, ST.Thomas Mount, who shall

entrust the investigation to that officer to conduct

investigation and file a final report within six months. Six

months is only an outer limit. The Deputy Commissioner of

Police is directed to periodically monitor the case. The

Inspector of Police, AWPS, Madipakkam, to place