Rajakumaran v. The State Rep By, The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Rajakumaran ... Petitioner Vs.

1.The State Rep by, The Superintendent of Police, Ariyalur District, Ariyalur.

2.The Inspector of Police, Vikkiramangalam Police Station, Ariyalur District.

3.The Inspector of Police, CBCID, Ariyalur District.

... Respondents Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to withdraw the case in Crime No.244 of 2024 pending on the file of the second respondent police and transfer the case to the third respondent herein.

For Petitioner : Mr.R.Thiagarajan For Respondents : Dr.C.E.Pratap Government Advocate (Crl. Side) 1/5

O R D E R

This Criminal Original Petition has been filed by the petitioner to withdraw the case in Crime No.244 of 2024 pending on the file of the second respondent police and transfer the case to the third respondent herein on the ground that the second respondent is not conduct a proper investigation.

2. The learned Government Advocate (Crl. Side) submitted that based on the complaint lodged by the petitioner who is the father of the deceased, initially the case was registered for 'man missing' and subsequently, after recovery of the body of the deceased, the FIR was altered and final opinion has also been received from the Forensic Lab and that the investigation is in progress.

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondents and also perused the materials available on record.

4. It is seen that the investigation is in progress and no grounds have been made out by the petitioner for transfer of investigation from the second respondent to third respondent. Therefore, the petitioner is not entitled to the relief sought for.

5. However, the second respondent police is directed to complete 2/5

the investigation and file the charge sheet within a period of three months from the date of receipt of a copy of this order.

6. After the filing of the charge sheet, if the petitioner still aggrieved, he can work out his remedy in the manner known to law.

7. With the above directions, this Criminal Original Petition is dismissed.

17.06.2025 Index : Yes/No Speaking Order : Yes/No ksa-2 3/5

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

2.The Inspector of Police, Vikkiramangalam Police Station, Ariyalur District.

3.The Inspector of Police, CBCID, Ariyalur District.

4. The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J ksa-2 17.06.2025 5/5