P.Suresh v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2025

CORAM:

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

1. The Commissioner of Police, Office of The Commissioner of Police, Annathanapatti, Salem - 636 002.

2. The Inspector of Police, Kondalampatti Police Station, Kondalampatti, Salem.

... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 482 of Cr.P.C, to direct the second respondent to transfer the Investigation of the case in Crime No.44 of 2025 to some other Investigating Agency such as CBI or CBCID or any other independent investigating agency for proper and necessary action against the culprits.

For Petitioner : M/s V.Suguna For Respondents : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed for direction directing the second respondent to transfer the Investigation of the case in Crime No.44 of 2025 to some other Investigating Agency such as CBI or CBCID or any other independent investigating agency.

2. Heard both sides and perused the materials placed on record.

3. On the complaint lodged by the petitioner, the second respondent registered FIR in Crime No.44 of 2025 for the offences punishable under Sections 296(b), 115(2), 118(1) and 49 of BNS, 2023. However, without further investigation, the second respondent kept the FIR pending.

4. On instructions, the learned Government Advocate (Crl.side) appearing for the respondents submitted that the entire investigation in Crime No.44 of 2025 has been almost completed and they are about to file final report.

5. Therefore, at this stage, if the entire investigation is transferred from the file of the second respondent to any other investigation agency, it would affect the entire investigation already done by the second respondent.

6. Therefore, this Court is not inclined to transfer the investigation in Crime No.44 of 2025 on the file of the second respondent to any other investigation agency. However, the second respondent is directed to complete the investigation in Crime No.44 of 2025 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, Salem is directed to monitor the investigation done by the second respondent.

7. Accordingly, this Criminal Original Petition stands dismissed. 28.03.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Commissioner of Police, Office of The Commissioner of Police, Annathanapatti, Salem - 636 002.

2. The Inspector of Police, Kondalampatti Police Station, Kondalampatti, Salem.

3. The Public Prosecutor, High Court, Madras.

Copy to The Assistant Commissioner of Police, Salem.

28.03.2025