M.Balakrishnan v. The Director General Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-04-2026

CORAM

THE HON'BLE MR JUSTICE M. NIRMAL KUMAR M.Balakrishnan S/o Muniyamuthu, New Ajeesh Nagar, Edaikkal Village and Post, Ulundurpet Taluk, Kallakurichi District.

..Petitioner(s) Vs

1. The Director General of Police Dr.Radhakrishnan Salai, Mylapore, Chennai - 600004.

2. The Superintendent of Police Kallakurichi District, Kallakurichi

3. The Deputy Superintendent of Police Ulundurpet Sub-division, Kallakurichi District.

4. The Inspector of Police Edaikkal Police Station, Kallakurichi District.

..Respondent(s) PRAYER: This criminal original petition filed under Section 528 of BNSS, 2023, to direct the second respondent to transfer the Investigation of the case in Crime No.1 of 2026 on the file of fourth respondent to some other investigating Agency such as CBI or CBCID or any other independent investigating agency for proper and necessary action against the culprits and pass such further or other orders as this Honble Court may deem fit. For Petitioner(s):

Mr.V.Suguna For Respondent(s):

Mr. LEONARD ARUL JOSEPH SELVAM ADDITIONAL PUBLIC PROSECUTOR

ORDER

This criminal original petition has been filed to direct the second respondent to transfer the Investigation of the case in Crime No.1 of 2026 on the file of fourth respondent to some other investigating Agency such as CBI or CBCID or any other independent investigating agency. 2.The petitioner lodged a complaint and a case in crime No.1 of 2026 was registered for offences under Sections 296(b), 329(3), 324(4), 351(2) of BNS, 2023 and Section 3(1)(r) and 3(1)(s) of SC/ST Act. The petitioner filed this petition seeking transfer of investigation on the ground that the respondent police seems to be complacent with the accused and not conducted the investigation as contemplated under SC/ST Act. 3.The learned Additional Public Prosecutor submitted that on the complaint of the petitioner, a case registered on 02.01.

2026 and thereafter, on completion of investigation, charge sheet made ready on 02.03.2026. During investigation, 16 witnesses examined and the case was closed as mistake of fact in RCS No.5/2026 and a copy of the closure report was served on the petitioner on 03.03.2026. The same has also been produced before this Court.

4.The learned counsel for the petitioner seeks permission to file a protest petition against the closure report.

5.In view of the above, the petitioner is permitted to file a protest petition before the Special Court. On such filing, the Special Court to consider the same on its own merits and in accordance with law. 6.With the above directions, the criminal original petition is disposed of. 28-04-2026 Index: Yes/No Speaking/Non-speaking order sms To

1. The Director General of Police Dr.Radhakrishnan Salai, Mylapore, Chennai - 600004

2. The Superintendent of Police Kallakurichi District, Kallakurichi

3. The Deputy Superintendent of Police Ulundurpet Sub-division, Kallakurichi District.

4. The Inspector of Police Edaikkal Police Station, Kallakurichi District.

5. The Public Prosecutor High Court, Madras.

M.NIRMAL KUMAR, J.

sms 28-04-2026