P.Varatharaj v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN P.Varatharaj ... Petitioner Vs

1. The Superintendent of Police, Namakkal District.

2. The Inspector of Police, Komarapalayam Police Station, Namakkal District.

3. The Inspector of Police, CBCID, R.P.Pudur, Namakkal, Namakkal District.

... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, to transfer the investigation in Cr.No.6 of 2025 on the file of the second respondent police to the third respondent. For Petitioner : Mr.P.Babu For Respondents : Mr.R.Vinothraja Government Advocate (Crl.side)

ORDER

This petition has been filed to transfer the investigation in Cr.No.6 of 2025 on the file of the second respondent police to the third respondent.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondents and perused the materials placed on record.

3. The petitioner is the father of the victim girl, who has been missing since 08.01.2025. On the complaint, the second respondent registered FIR in Crime No.6 of 2025 under "Girl Missing". Further, the petitioner also filed Habeas Corpus petition in HCP No.141 of 2025 before this Court and it is pending before the Hon'ble Division Bench of this Court. During investigation, it was found that the victim girl had eloped with one Selvamani and their whereabouts are currently unknown. The second respondent is taking all necessary steps to locate the victim girl and the person who eloped with her.

4. The learned counsel for the petitioner would submit that though the petitioner had given all the details and their whereabouts, the second

respondent did not take any steps to locate them.

5. At this juncture, the transfer of investigation would not serve any purpose since the second respondent had initiated all steps to find out the victim girl and the person who eloped with her.

6. Therefore, this Court is not inclined to transfer the investigation in Crime No.6 of 2025 on the file of the second respondent police to the third respondent. However, the second respondent is directed to proceed with the investigation on the detailed information given by the petitioner to locate the victim girl and complete the investigation and file a final report, within a period of twelve weeks from the date of receipt of a copy of this order.

7. Accordingly, this Criminal Original Petition is dismissed. 13.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Superintendent of Police, Namakkal District.

2. The Inspector of Police, Komarapalayam Police Station, Namakkal District.

3. The Inspector of Police, CBCID, R.P.Pudur, Namakkal, Namakkal District.

4. The Public Prosecutor, High Court, Madras.

13.02.2025