H MEHARAJ BEGUM Vs. STATE AND OTHERS

JUDGEMENT

(1.) This Writ of Mandamus has been filed by the defacto complainant (on behalf of the alleged victim girl, namely, her daughter), directing the transfer of investigation in Crime No.58 of 2015 on the file of the 7th respondent (Melapalayam Police, Tirunelveli) to the 4th respondent (CBI, Chennai).

(2.) The case of the defacto complainant is that on 08.02.2015, at about 5.00 p.m., her elder daughter Mohamed Sameera went to the nearby shop and did not return back. This was announced by the Jamaath. Later, she was informed by the 8th respondent that her child will be coming within 10 minutes. The child returned, but with tears and the allegation is that Police Men waylaid the daughter of the defacto complainant, shut her mouth and forcibly took her and she was threatened to disclose the names of persons who are coming to the house of the defacto complainant to provide money to the family; The Police pinched her at her arm, twisted her arms and thighs and assaulted her.

(3.) With the complaint of assault by two unknown persons, Mohamed Sameera got admitted in the Government Hospital on 09.02.2015. In respect of the same, the Head Constable attached to Tirunelveli Medical College Hospital Police Station sent an information to the Sub-Inspector of Police, Melapalayam Police Station (R8). On receipt of information, the Sub-Inspector of Police received the written complaint from the mother of the alleged victim girl Mehraj Begam at 23.55 hrs. and registered a case in Crime No.58 of 2015 under Sections 363, 323, 342 and 506(ii) IPC against R6.