R.Selvi v. State Rep.By Its, The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.07.2025

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.18708 of 2025 R.Selvi ... Petitioner Vs.

1. The State represented by, The Superintendent of Police, Thiruvarur District.

2. The Inspector of Police, Valangaiman Police Station, Thiruvarur District-612 804.

... Respondents PRAYER: Criminal Original Petition filed under Section 528 of BNSS 2023, to direct the second respondent to transfer the investigation pending in Crime No.2229 of 2020 on the file of the second respondent to any other investigating agency.

For Petitioner : Mr.A.Mohamed Ismail For Respondents : Dr.C.E.Pratap Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to direct the second respondent to transfer the investigation pending in Crime No.2229 of 2020 on the file of the second respondent to any other investigating agency.

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

3. Learned counsel for the petitioner submitted that the petitioner had already filed a petition in Crl.O.P.No.11397 of 2021 seeking to file a final report in Crime No.2229 of 2020 and this Court while disposing of the petition, directed the the respondent-Police to file a final report within a period of one month from the date of receipt of a copy of that order. Despite the same, the respondent-Police has not yet filed the final report. Hence, he filed this criminal original petition seeking transfer of investigation.

4. Learned Government Advocate (Crl.Side) appearing for the respondent-Police submitted that subsequent to the order of this Court dated 08.07.2021 in Crl.O.P.No.11397 of 2021, the respondent-Police has completed the investigation. He further submitted that the respondent-Police suspected the accused persons and obtained finger prints and the same have been sent to Forensic Laboratory for analysis. The respondent-Police will file a final report within a short span of time.

5. On a perusal of the records, it is seen that F.I.R had not been given against the specific identified accused. In the cases of this nature, it is very difficult to complete the investigation within a stipulated time. The grounds taken by the petitioner for transfer of investigation are not maintainable. However, the respondent-Police is directed to complete the investigation and file a final report within a period of four weeks from the date of receipt of a copy of this order.

6. With the abovesaid direction, this Criminal Original Petition is disposed of.

03.07.2025 mfa Index:Yes/No Speaking Order: Yes/No To

1. The Superintendent of Police, Thiruvarur District.

2. The Inspector of Police, Valangaiman Police Station, Thiruvarur District-612 804.

3. The Public Prosecutor, High Court, Chennai.

P.VELMURUGAN, J mfa Crl.O.P.No.18708 of 2025 03.07.2025