L. Murugan v. The Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.17586 of 2025 L.Murugan ... Petitioner Vs

1. The Commissioner of Police, Greater Chennai, Vepery, Chennai -7.

2. The Assistant Commissioner of Police, Anna Nagar Range, K-4, Anna Nagar Police Station, Anna Nagar, Chennai.

3. The Inspector of Police (L& O), K-3, Aminjakarai Police Station, Aminjakarai, Chennai.

4. K.Janavi ... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS 2023, seeking to transfer the investigation in F.I.R.No.309 of 2022 pending on the file of the third respondent to some other competent agency.

For Petitioner : Mr.D.Ashokumar For R1 to R3 : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking to transfer the investigation in F.I.R.No.309 of 2022 pending on the file of the third respondent-Police to some other competent agency.

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. Since no adverse order is being passed against the fourth respondent, notice to the fourth respondent is dispensed with.

4. The learned counsel for the petitioner submitted that though the deceased/petitioner's daughter left suicide note before she committed suicide, the same was traced out and handed over to the respondent-

Police, but they have not taken any action. Despite direction of this Court in O.P.No.25684 of 2022, no progress is made in the investigation. The petitioner apprehends that the respondent-Police would not conduct a fair investigation and hence he filed the present OP for transfer of investigation from the present Investigating Agency to some other competent Agency.

5. Learned Government Advocate (Crl.Side) appearing for the respondents 1 to 3 -Police submitted that though initially a case was registered under Section 174(3) Cr.P.C., during investigation and after receipt of the suicide note, the same was sent to the Forensic Department, for getting expert opinion and the opinion has also been received. Now section has also been altered to one under Section 306 IPC. Investigation is almost completed. The respondent-Police will file a report /charge sheet before the competent Magistrate very shortly. Hence, he sought time for filing the final report.

6. Considering the submissions made by the counsel on either side and also considering the facts and circumstances of the case and also considering the fact that that the charges have been altered and suicide note has also been sent for expert opinion, this Court does not find any reason to transfer the investigation. Since F.I.R was registered in the year 2022, the respondent-Police is directed to complete the investigation and file a charge sheet within a period of 30 days from the date of receipt of a copy of this order. With the abovesaid direction, this Criminal Original Petition is disposed of.

18.06.2025 mfa Index:Yes/No Speaking Order: Yes/No

To

1. The Commissioner of Police, Greater Chennai, Vepery, Chennai -7.

2. The Assistant Commissioner of Police, Anna Nagar Range, K-4, Anna Nagar Police Station, Anna Nagar, Chennai.

3. The Inspector of Police (L& O), K-3, Aminjakarai Police Station, Aminjakarai, Chennai.

4. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa Crl.O.P.No.17586 of 2025 18.06.2025