Advocates:
['M/S A RAMALINGAM', '', 'I MERLIN', 'K JAMBULINGAM', 'D MADANAGOPAL']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2022

CORAM

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA

Crl.O.P.No.6476 of 2022

Aruna,

W/o.N.Ravi

... Petitioner

Vs

1. The Superintendent of Police,

Kancheepuram District,

Kancheepuram.

2. The Inspector of Police,

Salavakkam Police Station,

Salavakkam,

Uthiramerur Taluk,

Kancheepuram District.

... Respondents

Prayer: Criminal Original Petition filed under Section 482 of

Cr.P.C., pleased to direct the second respondent police to alter

the offence registered under Sections 294(B), 324 and Section 4

of the Tamil Nadu Prohibition of Harassment of Women Act, 2002

into under Section 294(B), 324, 354, 307, 506(1) of IPC and

Section 4 of the Tamil Nadu Prohibition of Harassment of Women

Act, 2002.

For Petitioner

:

Mr.A.Ramalingam

For Respondents

:

Mr.A.Gokulakrishnan

Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed seeking for

a direction to the second respondent, to alter the offence

registered under Sections 294(B), 324 and Section 4 of the Tamil

Nadu Prohibition of Harassment of Women Act, 2002 into under

Section 294(B), 324, 354, 307, 506(1) of IPC and Section 4 of

the Tamil Nadu Prohibition of Harassment of Women Act, 2002.

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

2. It is a case of the petitioner that a Matrimonial

dispute is pending between the petitioner and her husband

N.Ravi. Earlier, on 26.04.2021 at about 10.00 PM, the

petitioner's husband with an intention to kill his wife had

forcefully assaulted her and attempted to push her in a

dilapidated unused well and due to the intervention of the

daughters and others she was rescued. Immediately, the

petitioner has given a complaint over the phone, however, no

police action was taken. Since the petitioner's husband

continued to harass the petitioner, the petitioner has filed a

Domestic Violence Case in DVC.No.45 of 2021 before the Mahila

Court at Alandur and the same is pending.

3. While so, on 02.03.2022, when the petitioner along with

her mother and brother went to her matrimonial home, she had

found that her husband along with another women from Kerala.

When it was questioned by the petitioner, the petitioner's

husband had brutally assaulted with Koduva causing multiple

injuries on the petitioner, petitioner's mother and petitioner's

brother. In that incident, the petitioner had sustained

grievous injuries on the neck. Subsequently, the petitioner

made a complaint over phone but no action was taken. Later, a

case in Crime No.79 of 2022 was registered by the second

respondent for the offence under Sections 294(B), 324 of IPC and

Section 4 of the Tamil Nadu Prohibition of Harassment of Women

Act, 2002. The injuries sustained by the petitioner, her mother

and her brother was serious in nature. More over, the entire

scene was also recorded in the mobile phone.

4. Despite the materials available on record disclosing

that the petitioner's husband had brutally attacked the

petitioner with an intention to commit murder, the respondent

had registered a case for the offences only under Sections 294

(B), 324 of IPC and Section 4 of Tamil Nadu Prohibition of

Harassment of Women Act, 2002. Thereby, the present petition

has been filed seeking to alter the offence under Sections 294

(B), 324, 354, 307, 506(1) of IPC and Section 4 of Tamil Nadu

Prohibition of Harassment of Women Act, 2002.

5. The learned Additional Public Prosecutor would submit

that the respondents will duly look into the materials available

and based on the materials the offences will be altered, if

required.

6. Heard both parties and perused the materials available

on records.

7. The petitioner along with the materials available is

directed to approach the second respondent and he shall