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2025 DAILYLAW 132046 (MAD)

Maheshwari v. The Commissioner of Police

WP(MD)/9537/2025 · 2025-04-04

P Dhanabal

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P(MD)No.9537 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.04.2025 CORAM : THE HON'BLE MR.JUSTICE P.DHANABAL W.P(MD)No.9537 of 2025 Maheshwari ... Petitioner Vs. 1. The Commissioner of Police, Office of the Dindigul Commissioner of Police, Dindigul, Dindigul District. 2. The Superintendent of Police, Office of the Superintendent of Police, Dindigul, Dindigul District. 3. The Inspector of Police, All Women Police Station, Nilakottai, Dindigul District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent herein to conduct the de-novo investigation upon the complaint dated 27.03.2025 from the 3rd respondent to the 2nd respondent. 1/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.9537 of 2025 For Petitioner : Mr.M.Mohammed Parvesh For Respondents : Mr.R.M. Anbunithi Additional Public Prosecutor O R D E R This writ petition has been filed by the petitioner to direct the 1st respondent to conduct the de-novo investigation upon the complaint dated 27.03.2025 from the 3rd respondent to the 2nd respondent. 2. According to the petitioner, when the petitioner's daughter namely, Manibarathi was in her house, one Naveen entered into the house and talked with her daughter and then, he gave drugs mixing in cool drinks and taken photos with her daughter. Thereafter, her daughter eloped with the said Naveen and thereby, the petitioner's husband lodged a complaint on 06.03.2025 before the All Women Police Station, Nilakkkottai, but no action was taken. Again, the petitioner sent a complaint on 10.03.2025, but not action was taken. Thereafter, the daughter of the petitioner has also sent messages and called her brother by stating that she was brutally attacked by the said Naveen. Without registering F.I.R, the complaint of the petitioner is still pending. 2/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.9537 of 2025 Therefore, she has filed this petition to transfer the enquiry of the complaint from the 3rd respondent to 2nd respondent. 3. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondents would submit that the daughter of the petitioner namely, Manibharathi eloped with one Naveen due to love affair. Therefore, the petitioner's husband lodged a complaint and thereafter, the said Manibharathi and Naveen have appeared before the Sanarpatty Police Station and gave statement that they got married. Now the enquiry is pending in C.S.R.No.150 of 2025. Therefore, the transfer of investigation is not at all maintainable. Hence, the petition is liable to be dismissed. 4. Considering the prayer sought for in the petition and the enquiry is pending before the 3rd respondent and the petitioner's daughter is also attained majority, it is for the 3rd respondent to conduct appropriate enquiry in C.S.R.No.150 of 2025 in accordance with law within a period of one week from the date of this order. 3/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.9537 of 2025 5. With the above said observation and direction, this writ petition is disposed of. No costs. 04.04.2025 Internet :Yes Index :Yes/No NCC :Yes/No Mac 4/5 https://www.mhc.tn.gov.in/judis W.P(MD)No.9537 of 2025 P.DHANABAL , J. Mac To 1. The Commissioner of Police, Office of the Dindigul Commissioner of Police, Dindigul, Dindigul District. 2. The Superintendent of Police, Office of the Superintendent of Police, Dindigul, Dindigul District. 3. The Inspector of Police, All Women Police Station, Nilakottai, Dindigul District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. W.P(MD)No.9537 of 2025 04.04.2025 5/5 https://www.mhc.tn.gov.in/judis