Periyasamy v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Periyasamy ... Petitioner Vs

1. The Commissioner of Police, Salem, Salem District.

2. The Superintendent of Police, Salem, Salem District.

3. The Deputy Superintendent of Police, Sankari, Salem District.

4. The Inspector of Police, Konganapuram, Salem District.

... Respondents Criminal Original Petition is filed under Section 528 of Cr.P.C., to to transfer the investigation of the case in Crime No.118 of 2025 under Sections 296(b), 115(2), 118(1), 351(3) BNS r/w 3(1)(r), 3(1) (s), 3(2) (va) of SC/ST (POA) Act, 1989 from the file of the third and fourth respondents to some other investigating agency and proceed with the investigation in 1/5

according to law.

For Petitioner : Mr.P.Sureshkumar For Respondents : Mr.A.Gopinath, Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to transfer the investigation of the case in Crime No.118 of 2025 under Sections 296(b), 115(2), 118(1) and 351(3) BNS r/w 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Act, 1989 from the file of the third and fourth respondents to some other investigating agency, and to proceed with the investigation according to law.

2. On the complaint lodged by the petitioner, the third respondent registered the First Information Report in Crime No.118 of 2025 for the offences under Sections 296(b), 115(2), 118(1) and 351(3) of BNS r/w 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST (POA) Act, 1989. 2/5

3. The learned counsel for the petitioner would submit that, though the First Information Report in Crime No.118 of 2025 is still pending, the investigation has not been completed.

4. The learned Government Advocate (Crl.Side) appearing for the respondents would submit that the third respondent is now proceeding with the investigation and is almost about to complete the entire investigation in Crime No.118 of 2025. At this stage, if the investigation is transferred from the file of the third respondent to any other investigating agency, it would affect the entire investigation done by the third respondent.

5. In view of the above, the third 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 second respondent is directed to monitor the investigation done by the third respondent and shall ensure that the third respondent comply with the directions issued by this Court.

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

01.04.2025 Index:Yes/No kv To

1. The Commissioner of Police, Salem, Salem District.

2. The Superintendent of Police, Salem, Salem District.

3. The Deputy Superintendent of Police, Sankari, Salem District.

4. The Inspector of Police, Konganapuram, Salem District.

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

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G.K.ILANTHIRAIYAN, J.

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