P.Myilsamy v. State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.06.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN P.Mayilsamy ... Petitioner Vs

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

2. The Inspector of Police, Palladam Police Station, Tiruppur District.

[Crime No.354 of 2017] ... Respondent PRAYER: Criminal Original Petition filed under Section 528 of BNSS 2023, to direct the first respondent to transfer the investigation of Crime No.354 of 2017, currently on the file of the second respondent at Palladam Police Station and transfer to a competent investigating Officer for a fair and effective investigation and direct the concerned investigating agency to file the final report within a reasonable period in accordance with law.

For Petitioner : Mr.P.Kalimuthu For Respondents : Mr.C.E.Pratap, Government Advocate(Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking direction to direct the first respondent-Police to transfer the investigation of case in Crime No.354 of 2017 on the file of the second respondent-Police to a competent investigating Officer for a fair and effective investigation and also to direct the concerned investigating agency to file a final report within a reasonable period in accordance with law.

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

3. Learned Government Advocate (Crl.Side) appearing for the respondent-Police submitted that already investigation has been completed and charge sheet has also been filed before the learned Judicial Magistrate, Palladam. Though the learned Magistrate has sent notice to the petitioner, he refused to receive the same. He further submitted that only in order to protract the case, the petitioner has filed this criminal original petition.

4. In view of the above submission, this Criminal Original Petition is dismissed. However, the petitioner is at liberty to approach the Magistrate concerned to work out his remedy in the manner known to law.

13.06.2025 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The Superintendent of Police, Tiruppur District.

2. The Inspector of Police, Palladam Police Station, Namakkal District.

3. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa 13.06.2025