Samuel Christain v. The Commissioner Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.01.2026
CORAM:
THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Samuel Christain
...Petitioner
Vs.
1.
The Commissioner of Police, Office of the Commissioner of Police, Greater Chennai Police, E.V.K Sampath Salai, Vepery, Chennai.
2.
The Inspector of Police, F-4, Thousand Lights Police Station, Triplicane, Chennai.
...Respondents
Criminal Original Petition filed under Section 528 of BNSS, 2023 to direct the 1st respondent police to transfer the investigation based on the complaint of the petitioner dated 02.08.2024 from the 2nd respondent to CBCID in accordance with law and file final report within a stipulated time. For Petitioner : Mr.C.Raja For Respondents : Mr.S.Santhosh, GA(Crl. Side) 1/5
ORDER
This criminal original petition has been filed seeking to direct the 1st respondent to transfer the investigation in the petitioner's complaint dated 02.08.2024 from the file of the 2nd respondent to CBCID in accordance with law and to consequently, file a final report within the time stipulated by this Court.
2. When the matter was taken up for hearing, the learned Government Advocate (Criminal Side) appearing for the respondents, on instructions, submitted that though the petitioner made a complaint as against one T.M.Akash on 02.08.2024, as no case was made out by the petitioner, the respondent police did not take any action on the said complaint. Aggrieved by the same, the petitioner filed a petition under Section 156(3) of Cr.P.C. in Crl.MP.No.66875 of 2024 before the XIV Metropolitan Magistrate Court, Egmore, Chennai, seeking to direct the respondent police to register an FIR on the basis of his complaint. Pursuant to the order dated 10.01.2025 made in the said petition, directing the 2nd respondent to conduct a detailed enquiry on the petitioner's complaint and to proceed to file a report if any material 2/5
evidence is found, the 2nd respondent filed a closure report dated 03.04.2025 stating that after conducting due investigation, no material evidence was found to substantiate his case/claim. He further submitted that if at all the petitioner is aggrieved, he should have challenged the said report in the manner known to law. However, without doing so, filing the present petition seeking transfer of investigation on the petitioner's complaint dated 02.08.2024 from the file of the 2nd respondent to CBCID at this juncture is not sustainable.
3. Heard the learned counsel on either side and perused the materials available on record.
4. The facts are not in dispute. As rightly pointed out by the learned Government Advocate (Criminal Side), when the respondent police have filed a report dated 03.04.2025 before the learned XIV Metropolitan Magistrate, Egmore, Chennai closing the complaint, the question of transfer of the petitioner's complaint does not arise. 3/5
5. In view of the above, this Court is not inclined to grant the prayer sought by the petitioner. However, the petitioner is at liberty to challenge the said closure report dated 03.04.2025 in the manner known to law and work out his remedy in the manner to law, if so advised.
6. This criminal original petition stands closed, accordingly. 29.01.2026 skt Index : Yes/No Speaking order : Yes/No NCC : Yes/No To:
1.
The Commissioner of Police, Office of the Commissioner of Police, Greater Chennai Police, E.V.K Sampath Salai, Vepery, Chennai.
2.
The Inspector of Police, F-4, Thousand Lights Police Station, Triplicane, Chennai.
3.
The Public Prosecutor, Madras High Court.
4/5
A.D.JAGADISH CHANDIRA, J.
skt 29.01.2026 5/5