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Madras High CourtCRL OP/18878/2025disposed of

T.Sundaravadanam v. The Addl. Director General Of Police (Railway Police),

2025-07-08Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.07.2025 Coram:

THE HONOURABLE MR. JUSTICE P.VELMURUGAN T.Sundaravadanam ... Petitioner Vs.

1. The Additional Director General of Police (Railway Police) No.8, Varadharajulu Street Egmore, Chennai - 8

2. The Superintendent of Police (Railway Police) No.8, Varadharajulu Street Egmore, Chennai - 8

3. State rep. by Sub Inspector of Police Government Railway Police Station Avadi, Chennai - 54 Crime No.84 of 2022 ... Respondents Prayer: Criminal Original Petition filed under Section 528 of B.N.S.S., to transfer the investigation in Crime No.84 of 2022 pending on the file of the 3 rd respondent police to CBCID or any other investigation agency. 1/6

For Petitioner : Mr.T.Sundaravadanam For Respondents : Dr.C.E.Pratap Government Advocate (Crl. Side)

ORDER

This Criminal Original Petition has been filed by the petitioner/defacto complainant to transfer the investigation in Crime No.84 of 2022 pending on the file of the 3 rd respondent police to CBCID or any other investigation agency.

2. The case of the petitioner is that on 11.08.2022, when he was getting into Chennai Central train at 9.20 a.m. at Pattabiram Railway Station, Platform No.2, one identifiable accused snatched his cell phone from his shirt pocket. Hence, he lodged a complaint to the respondents based on which, the FIR in Crime No.84 of 2022 was registered by the 3 rd respondent on 12.08.2022.

However, no action has been taken for nearly 3 years and there is no progress in the investigation. Hence, the present petition is filed for transfer of investigation.

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3. Heard both sides and perused the materials available on record.

4. It is seen that the FIR in Crime No.84 of 2022 has been registered in the year 2022 i.e. on 12.08.2022 and still there is no progress in the investigation. Except the complaint and the statement recorded from the defacto complainant, no other witnesses have been summoned and examined and that no materials have been collected so far. The earlier Investigating Officer who registered the case, though he was holding the said post for 2 years in the 3 rd respondent police station, he did not show any progress. Even the present Investigating Officer who is holding the said post in the 3 rd respondent police station for about one year, has also not shown any interest or progress in this case. Therefore, the grounds taken by the petitioner for transfer of investigation is made out.

5. Hence, the 3 rd respondent police is directed hand over the said case in Crime No.84 of 2022 to the Inspector of Police, Railway Police Station, Perambur. On receipt of the same, the Inspector of Police, Railway Police 3/6

Station, Perambur is directed to take over the case and conduct investigation and file charge sheet within a period of six months thereafter.

6. With the above directions, this Criminal Original Petition is disposed of.

08.07.2025 Index : Yes / No Speaking Order : Yes / No ksa-2 4/6

To

1. The Additional Director General of Police (Railway Police) No.8, Varadharajulu Street Egmore, Chennai - 8

2. The Superintendent of Police (Railway Police) No.8, Varadharajulu Street Egmore, Chennai - 8

3. Sub Inspector of Police Government Railway Police Station Avadi, Chennai - 54

4. The Inspector of Police Railway Police Station Perambur 5.The Public Prosecutor High Court of Madras, Chennai.

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P.VELMURUGAN,J.

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