J.Sridhar v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN J.Sridhar ... Petitioner Vs

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

2. The Inspector of Police, Cheyyur Police Station, Chengalpattu District.

Crime No.273/2024

3. Haridoss ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 482 of Cr.P.C, to transfer the investigation of the above case in Crime No.273 of 2024 from the file of the 2nd respondent/the Inspector of Police, Cheyyur Police Station, Chengalpattu District to the file of any other competent investigating agency such as CBCID or to any other investigating agency having competent jurisdiction to investigate the matter for proper investigation and report. For Petitioner : Mr.A.Murugavel For R1 and R2 : Mr.A.Gopinath Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to transfer the investigation of the above case in Crime No.273 of 2024 from the file of the 2nd respondent/the Inspector of Police, Cheyyur Police Station, Chengalpattu District to the file of any other competent investigating agency such as CBCID or to any other investigating agency having competent jurisdiction to investigate the matter for proper investigation and report.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the first and second respondents and perused the materials placed on record.

3. The case of the prosecution is that there was a dispute in respect of the property between the petitioner and the counter parties. While being so, on 26.12.2024, the accused came to the place of the petitioner, attacked the petitioner and two others and they had also completely damaged the property. Hence, the complaint.

4. On receipt of the complaint, the second respondent registered FIR

in Crime No.273 of 2024 for the offences punishable under Sections 191(2), 191(3), 329(3), 329(4), 118(1), 324(4) and 351(3) of BNS, 2023.

5. The learned counsel for the petitioner would submit that though major offences are attracted as against the petitioner, the second respondent did not register the FIR for the major offences.

6. The learned Government Advocate (Crl.side) for the first and second respondents submitted that after registration of FIR, the investigation is under progress.

7. Therefore, at this juncture, if the investigation is transferred from the file of the second respondent to any other investigating agency, it would affect the entire investigation already done by the second respondent. However, the second respondent is directed to complete the investigation in Crime No.273 of 2024 and file a final report, within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that during the investigation, if any incriminating material is available to attract the major offences as against the accused, the second respondent is directed to alter the

offences and file a final report. The first respondent is directed to monitor the investigation done by the second respondent and must ensure that the second respondent is complying with the order passed by this Court.

8. With the above directions, this Criminal Original Petition stands disposed of.

23.04.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

To

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

2. The Inspector of Police, Cheyyur Police Station, Chengalpattu District.

3. The Public Prosecutor, High Court, Madras.

G.K.ILANTHIRAIYAN. J, mn 23.04.2025