Stellamary v. The Deputy Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN Stellamary ... Petitioner Vs.

1. The Deputy Commissioner of Police Central Crime Branch, Tambaram Tambaram Commissionerate, Chennai - 119

2. Inspector of Police Central Crime Branch, Tambaram Tambaram Commissionerate Chennai - 119 (Crime No.19 of 2024) ... Respondents Prayer: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to transfer the investigation in Crime No.19 of 2024 pending investigation before the second respondent police to any competent agency.

For Petitioner : M/s.S.Shanmitha For Respondents : Mr.S.Vinoth Kumar Government Advocate (Crl. Side) 1/5

O R D E R

The Criminal Original Petition has been filed by the petitioner/defacto complainant to transfer the investigation in Crime No.19 of 2024 pending investigation before the second respondent police to any competent agency.

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

3. It is seen from the records that based on the complaint given by the petitioner, the FIR in Crime No.19 of 2024 has been registered by the second respondent police for the offences under Sections 419, 420, 406, 465, 467, 468 and 471 of IPC on 13.03.2024. On earlier occasion, the petitioner had approached this Court by way of filing a petition in Crl.O.P.No.15042 of 2024 seeking to fix a date for completing the investigation and this Court by order dated 27.06.2024, had directed the respondent police to expedite the investigation and to file final report as early as possible, as follows:

"3. In the light of the facts and the course of investigation disclosed by the learned Government Advocate (Crl. Side), this Court is of the view that instead of fixing 2/5

specific time limit, it is suffice to direct the respondent police to expedite the investigation process and file final report as early as possible."

4. However, the respondent police had not shown even an inch of progress in the investigation. Therefore, the petitioner has once again approached this Court by way of filing this present petition seeking transfer of investigation from the file of the second respondent police to any other competent agency.

5. It is seen from the records that the allegations levelled by the petitioner is true. Even after a period of one year from the date of earlier order of this Court dated 27.06.2024, the respondent police is not able to show even an inch of progress in the investigation. Therefore, this Court finds that the second respondent is not a competent agency to investigate this matter.

6. Hence, the respondents police are directed to immediately hand over the case files to CBCID, Chengalpattu and on receipt of the same, the CBCID, Chengalpattu is directed to expedite the investigation and 3/5

file charge sheet within a period of one year thereafter.

7. With the above directions, this Criminal Original Petition is allowed.

16.07.2025 Index : Yes/No Speaking Order : Yes/No ksa-2 To

1. The Deputy Commissioner of Police Central Crime Branch, Tambaram Tambaram Commissionerate, Chennai - 119

2. Inspector of Police Central Crime Branch, Tambaram Tambaram Commissionerate Chennai - 119

3. The Public Prosecutor High Court of Madras, Chennai Copy to:

The Inspector of Police CBCID, Chengalpattu 4/5

P.VELMURUGAN, J ksa-2 16.07.2025 5/5