K.M.Muthusamy v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN K.M.Muthusamy ... Petitioner Vs

1. The Superintendent of Police, Ariyalur, Ariyalur District.

2. Inspector of Police, Vikaramangalam Police Station, Ariayalur District.

... Respondents Prayer:Criminal Original Petition filed under Section 528 of B.N.S.S., to transfer the Investigation, pending in Cr.No.224 of 2024 from the file of the 2nd Respondent Police to CBCID or any other competent agency. For Petitioner : Mr.S.Keran For Respondents : Mr.K.M.D.Muhilan, Government Advocate (Crl. Side)

ORDER

This petition has been filed to transfer the investigation, pending in Crime No. 224 of 2024, from the file of the 2nd respondent Police to CBCID or any other competent agency.

2. Heard the learned counsel for both sides and perused the materials available on record.

3. On the complaint lodged by the petitioner, the second respondent registered the First Information Report in Crime No. 224 of 2024 for the offences punishable under Sections 191(2), 191(3), 296(b), 126(2), 118(1), and 351(3) of BNS. While the investigation was pending, the accused threatened the petitioner to withdraw the complaint.

4. The learned Government Advocate (Crl. Side) appearing for the respondents would submit that the investigation is pending and the petitioner is not co-operating with the investigation. Further, there is a counter case also registered in Crime No. 223 of 2024 on the complaint lodged by the

accused in Crime No. 224 of 2024, and it is pending on the file of the second respondent. Therefore, when there is a counter complaint on the file of the second respondent, it is not proper to transfer the investigation in Crime No. 224 of 2024 from the file of the second respondent to any other investigating agency.

5. In view of the above, the second respondent is directed to follow the procedure laid down in the Police Standing Order 566 and complete the investigation in both Crime Nos. 223 and 224 of 2024 and file final reports within a period of twelve weeks from the date of receipt of a copy of this order. The first respondent is directed to monitor the investigation done by the second respondent.

6. With the above directions, this Criminal Original Petition is disposed of.

06.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order kv

To

1. The Superintendent of Police, Ariyalur, Ariyalur District.

2. The Inspector of Police, Vikaramangalam Police Station, Ariayalur District.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, kv 06.03.2025