Suresh v. State Rep.By, The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Suresh

...Petitioner

Vs State Rep.by The Inspector of Police T20 Kanathur Police Station, Chennai.

Cr.No.221 of 2024.

...Respondent

PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to transfer the above said FIR in Crime No.221 of 2024 dated 31.12.2024 pending on the file of the Respondent Police to any other police station. For Petitioner : Mr.J.N.Naresh Kumar For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

ORDER

This Criminal Original Petition has been filed seeking transfer of investigation in Crime No.221 of 2024 from the file of the respondent to any other investigating agency.

2. On instructions, the learned Government Advocate (Crl.Side) appearing for the respondent submitted that based on the complaint lodged by the petitioner, the respondent registered an FIR in Crime No.221 of 2024 for the offences under Sections 296(b), 115(2), 118(1), 127(1), 308(2), 351(3) of Bharatiya Nyaya Sanhita, 2023 read with Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. The investigation is still pending. The third accused has been arrested and remanded to judicial custody and the other accused are yet to be arrested. At this juncture, if the investigation is transferred from the file of the respondent to any other investigating agency, it would affect the entire investigation conducted by the respondent.

3. In view of the above, this Court is not inclined to transfer the investigation from the file of the respondent to any other investigating agency. However, the respondent is directed to 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. The Assistant Commissioner of Police, Kelambakkam, Chengalpattu District, is

directed to monitor the progress of the investigation conducted by the respondent.

4. With the above direction, this Criminal Original Petition stands disposed of.

03.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp To 1.The Inspector of Police T20 Kanathur Police Station, Chennai.

2 The Assistant Commissioner of Police, Kelambakkam, Chengalpattur District.

3.The Public Prosecutor, High Court of Madras, Chennai.

G.K.ILANTHIRAIYAN, J.

Lpp 03.03.2025