Nasrin Fatima Vs The State of Tamilnadu

PRAYER : Criminal Original Petition filed under Section 528 of BNSS, direct the respondent to comply with the order of the learned Judicial Magistrate, Palani in Crl.M.P. No.2204 of 2024 dated 09.05.2024.

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For Petitioners : Mr.N.Suriyamuthu

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For Respondent : Mr.A.Thiruvadikumar Additional Public Prosecutor

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ORDER

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This Criminal Original Petition has been filed to direct the respondent to comply with the order of the learned Judicial Magistrate, Palani in Crl.M.P. No.2204 of 2024 dated 09.05.2024.

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Crl.O.P.(MD)No.988 of 2025

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The contention of the petitioner is that the petitioner has specifically lodged a complaint against one Kadar Riyaz, Robia Banu and Khalida Perveen for misappropriating the cheating the petitioner of her Rs. 257.79 sovereigns jewels to the value of Rs. 10 lakhs. The respondent police so far has not taken any action to seize the jewels. Earlier there have been civil suits and DVOP cases against the said persons and the Social Welfare Officer who has taken steps to resolve the issue but unable to do so. Her jewels have been detained by her in-laws and they have misappropriated the same. Hence the petition has been filed under Section 156(3) of Cr.P.C., despite the order passed by the learned Magistrate the respondent police has not taken any action.

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The learned Additional Public Prosecutor submitted that the petitioner had earlier lodged a complaint against her in-laws for which a case has been registered in Crime No.16 of 2023 for the offences under Sections 498(A), 294(b) of IPC, Section 4 of TNPHW Act and Section 4 of DP Act. Now the investigation has been completed and final report filed before the learned Judicial Magistrate, Palani in C.C. No.282 of 2024 and it is posted to 22.05.2025. The petitioner has already filed another case in Crime No. 500 of 2023 for the offences under Sections 294(b) 506(ii) of

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Crl.O.P.(MD)No.988 of 2025

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IPC and Section 4 of TNPHW Act which has not been culminated into C.C. No.374 of 2024. Which is pending before the learned Judicial Magisrtate, Palani. The petitioner has also filed a petition before this Court in Crl.O.P.No.17060 of 2023 and this Court by an order had directed the police to ascertain whether the in-laws have been holding the jewels of the petitioner. Further the Inspector of Police, All Women Police Station, Palani have gone to Tirupur where the in-laws of the petitioner are residing and they found the no such jewels. The petitioner in the meanwhile has filed a domestic violence complaint in DVC No.33 of 2024 which is pending He further submitted the husband of the petitioner has filed a petition for divorce in O.P.NO. 9 of 2023 before the District Court, Tirupur. In such circumstances the petitioner has also obtained an order in Crl.M.P.No.2204 of 2024 from the Judicial Magistrate Court at Palani. Since there have been earlier cases pending between the petitioner and the respondent and further the jewels of the petitioner are detained by the husband and in-laws at Tirupur and hence for want of jurisdiction the complaint was closed.

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The learned counsel appearing for the petitioner submitted that the marriage and the reception had taken place in Palani and the jewels

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Crl.O.P.(MD)No.988 of 2025

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were presented in Palani which was taken to Tirupur ,hence the cause of action took place at Palani and the Palani police cannot say they do not have jurisdiction.

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Be that as it may, it is seen that the petitioner was presented 32 sovereigns jewels at the time of marriage and now she got separated and photographs were annexed showing the jewels given to her at the time of marriage and she was wearing the same.

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In view of the same prima facie the petitioner has shown that there have been jewels presented to her at the time of marriage and they are living separately. Divorce petition, domestic violence complaint , 498(A) complaints are pending. In all fairness the respondent police ought to have investigated the case in this aspect and must have included Section 406 of IPC in Crime No. 16 of 2023 but it is not done so.

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In view of the same, the Inspector of Police, All Women Police Station, Palani directed to file further investigation petition in C.C. NO. 282 of 2024 which is pending before the learned Judicial Magistrate, Palani and thereafter conduct investigation and find out whether there was

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Crl.O.P.(MD)No.988 of 2025

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any entrustment of jewels. For misappropriation entrustment alone is sufficient It is for the accused persons to discharge the entrustment. Following this principle investigation has to be done and file final report on the further investigation within a period of three months . It is stated that the case is posted to 22.05.2025. The Inspector of police not to wait till 22.05.2025. The Inspector of police to file further investigation petition within a period of two weeks from the date of receipt of a copy of this order and to conduct investigation without further delay, if need the Inspector of Police to file an advance hearing petition before the trial Court.

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