T.Gopalakrishnan v. The Deputy Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.01.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN T.Gopalakrishnan ... Petitioner Vs.

1. The Deputy Superintendent of Police, Salem District.

2. The Inspector of Police, Vaazhapadi Police Station, Salem District, Crime No.442 of 2024.

3. The Deputy Superintendent of Police, CBCID, Salem District.

... Respondents Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the first respondent to transfer the investigation from second respondent to third respondent by considering the petitioner's representation dated 16.12.2024 and file a final report in Crime No.442 of 2024 within the time period stipulated by this Court. For Petitioner : Mr.M.Arun For Respondents : Mr.S.Vinoth Kumar Government Advocate (Crl.Side) 1/4

O R D E R

This Criminal Original Petition is filed to direct the first respondent to transfer the investigation in Crime No.442 of 2024 from second respondent to third respondent by considering the petitioner's representation dated 16.12.2024 and file a final report in Crime No.442 of 2024 within the time period stipulated by this Court.

2. Learned Government Advocate (Crl.Side) appearing for the respondents-Police, on instructions, submitted that based on the complaint given by the petitioner herein F.I.R in Crime No.442 of 2024 was registered on 10.12.2024 for the alleged offences under Sections 296(b), 115(2), 126(2), 351(3), 324(4) and 309(2) BNSS, 2023 against the accused persons. He further submitted that investigation is under progress and hence, he prays time to file the final report.

3. Considering the facts and circumstances of the case and also considering the submissions made by the learned Government Advocate (Crl.Side) it is clear that since the investigation is under progress and the second respondent-Police had already taken efforts to file the chargesheet, this Court does not find any reason to transfer the investigation in 2/4

Crime No.442 of 2024 from the file of the second respondent to the file of the third respondent.

4. In view of the above this Criminal Original Petition is dismissed. However, the second respondent-Police is directed to expedite the investigation and file charge-sheet as expeditiously as possible, preferably within a period of one month from the date of receipt of a copy of this order.

28.01.2025 Index : Yes/No Speaking Order : Yes/No ms To

1. The Deputy Superintendent of Police, Salem District.

2. The Inspector of Police, Vaazhapadi Police Station, Salem District.

3. The Deputy Superintendent of Police, CBCID, Salem District.

4. The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J ms 28.01.2025 4/4