R.Gomathi Vs The Deputy Superintendent of Police

PRAYER : Writ Petition filed under Article 226 of Constitution of India to issue a Writ of Mandamus to transfer the investigation of the case in Crime No.384 of 2025 on the file of the 3 rd respondent herein to the 1 st respondent/CBCID Police and to file a final report within time limit to be fixed by this Court.

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For Petitioner : Mr.B.Kumarasamy For Respondents : Mr.K.M.D.Muhilan Additional Public Prosecutor

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https://www.mhc.tn.gov.in/judis

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W.P.(Crl.) No.513 of 2025

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O R D E R

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This Writ Petition (Criminal) has been filed to transfer the investigation of the case in Crime No.384 of 2025 on the file of the 3 rd

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st respondent herein to the 1 respondent/CBCID Police .

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2. The case of the petitioner is that the petitioner's husband committed suicide due to the harassment and attack made by his employer. Originally, the first FIR in Crime No.383 of 2025 was registered under Section 194 BNSS/174 Cr.P.C. Subsequently, another FIR in Crime No.384 of 2025 was registered based on the petitioner's earlier representation made to the 2 nd respondent, for the offences under Sections 191(2), 127(2), 296(b), 115(2), 151(3) of BNS Act, read with 3(1)(r), 3(1)(s)), 3(1)(g), and 3(2)(va) of SC/ST Act. Thereafter, the first FIR was dropped and the second FIR was altered to Section 108 BNS/306 IPC by including the other offences. The grievance of the petitioner is that two of the accused were let out and they have not been arrested and proper investigation has not been done. Hence, he seeks for transfer of investigation.

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Be that as it may. Now the learned Additional Public Prosecutor appearing for the respondents police submitted that the investigation has already been completed and the final report has also been filed before the Special Court for SC/ST (PoA) Act Cases, Tiruppur.

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W.P.(Crl.) No.513 of 2025

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The allegation in the complaint is that the alleged incitement forced

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the petitioner's husband to take the extreme step of suicide. What is required to be proved is that whether there is abatement or incitement to drive the deceased to commit suicide. However, now the investigation has been completed and the final report has also been filed.

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In such view of the matter, this Court is of the view that no further investigation is required and transfer of investigation is also not required.

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Further, as a matter of right, the petitioner cannot seek to implicate

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the other accused as her wish. It is for the Investigating Officer to do the same and to unravel the truth.

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Admittedly, now the final report has been filed. Therefore, it is the domain of the trial Court to take any such decision after appreciating the evidence.

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8. With the above observations, this Writ Petition is dismissed. Consequently, the connected Miscellaneous Petition is closed.

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09.10.2025

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ksa-2 Index:Yes/No Speaking/Non-speaking order Neutral Citation:Yes/No

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https://www.mhc.tn.gov.in/judis

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W.P.(Crl.) No.513 of 2025