Mohan v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-03-2025

CORAM

THE HONOURABLE MR JUSTICE G.K. ILANTHIRAIYAN

1. MOHAN Male Aged 52 Years S/o.Late.Sengottaiyan No.4c, Kattur Kattokottai, Watchankadu, Rasipuram Post, Rasipuram Taluk, Namakkal District.

Petitioner(s) Vs

1. The Superintendent Of Police Namakkal Police District Namakkal District.

2.The Inspector Of Police Rasipuram Police Station, Namakkal District. Crime No.48 Of 2025 Respondent(s) PRAYER Petition is filed under Section 528 of BNSS, 2023, to issue appropriate direction to the 1st respondent to transfer the investigation of the F.I.R. in Crime No.48 of 2025 pending on the file of the 2nd respondent to any other investigation team for further investigation within a specific time to be stipulated by this Hon'ble Court.

For Petitioner(s):

Mr. V.Ramanareddy For Respondent(s):

Mr. A.Gopinath Government Advocate (Crl. Side)

ORDER

This petition has been filed for transfer the investigation pending in Crime No.48 of 2025 from the file of the second respondent to any other investigation agency.

2. It is seen that the petitioner and the accused Chandru in Crime No.48 of 2025 are brothers. The occurrence took place on 06.02.2025. It is alleged that the said Chandru misappropriated the funds in business transaction. The petitioner lodged a complaint for the very same occurrence and the same has been registered as Crime No.48 of 2025 for the offence under Sections 296(b) and 351(2) of BNS, 2023. The father of the accused in Crime No.48 of 2025 also lodged a complaint against the petitioner herein and the same was registered as Crime No.47 of 2025 for the offence under Sections 296(b), 131, 324(4) & 351(2) of BNS, 2023. Both the complaints are pending for investigation on the file of the first respondent. Therefore, if one complaint has

been transferred, it would affect the entire investigation. Therefore, this Court is not inclined to transfer the investigation from the second respondent to any other investigation agency.

3. However, the second respondent is directed to complete the investigation in both the cases after following the Police Standing Order 566, within 12 weeks from the date of receipt of a copy of this order.

4. With the above direction, the Criminal Original Petition is disposed of. 17-03-2025 Index:Yes/No Speaking/Non-speaking order klt

To 1.The Superintendent Of Police Namakkal Police District ,Namakkal District.

2.The Inspector Of Police Rasipuram Police Station, Namakkal District. Crime No.48 Of 2025

3. The Pulic Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN J.

klt 17-03-2025