S.T.Sankar v. The State Rep By, The Superintendent Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17-07-2025
CORAM
THE HONOURABLE MR JUSTICE P. VELMURUGAN
1. S.T.Sankar S/o. E.Thanigachalam, No.43, Ranganathan Street, Podaturpettai, Pallipattu Taluk, Thiruvallur District - 631208.
Petitioner(s) Vs
1. The State Rep by, The Superintendent of Police Thiruvallur District.
2.The State Rep by, The Sub Inspector of Police, D-6, Podaturpet Police Station, Pallipattu Taluk, Thiruvallur District.
Respondent(s) PRAYER This Criminal Original Petition is filed under Section 528 of BNSS, to transfer the investigation in Crime No. 104/2025 from the file of the second respondent-Police to any other independent investigating agency and file a final report within a stipulated time period.
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For Petitioner(s):
Mr.S Arunkumar For Respondent(s):
Mr.S.Vinoth Kumar Government Advocate (Crl.Side)
ORDER
This Criminal Original Petition is filed under Section 528 of BNSS, to transfer the investigation in Crime No. 104/2025 from the file of the second respondent-Police to any other independent investigating agency and file a final report within a stipulated time period.
2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondents-Police and perused the materials available on record.
3. The petitioner had already filed a complaint under Section 175(3) of BNSS in C.M.P.No.293 of 2025, before the learned District Munsif cum Judicial Magistrate, Pallipet seeking a direction to the second respondent-Police herein to register an F.I.R against the accused persons. The learned Magistrate 2/6
vide order dated 24.4.2025, directed the second respondent-Police to register F.I.R and proceed with the investigation and to file a compliance report by 23.5.2025. Despite the directions of the learned Magistrate, the respondentPolice did not register the case. Hence, the petitioner had filed Crl.O.P.No. 17379 of 2025, seeking a direction to the second respondent-Police to register F.I.R as against accused persons in accordance with the abovesaid order passed by the learned District Munsif cum Judicial Magistrate, Pallipet, Tiruvallur District. When Crl.O.P.No.17379 of 2025 came before this Court on 16.6.2025, the learned Government Advocate (Crl.Side) appearing for the respondentsPolice reported that already F.I.R was registered in Crime No.104 of 2025 and he has also produced copy of the same. In view of the submission made by the learned Government Advocate (Crl.Side), this Court, vide order dated 16.6.2025 dismissed the Crl.O.P.No.17379 of 2025 as infructuous.
4. Today, when the matter is taken up for hearing, the learned Government Advocate (Crl Side ) appearing for the respondents-Police submitted that even prior to the directions of this Court in Crl.O.P.No.17379 of 3/6
2025, as per directions of the learned Magistrate in Crl.M.P.No.293 of 2025, the respondent -Police registered a case Crime No.104 of 2025 and the investigation is in progress. Now, the petitioner has filed the present criminal original petition for transfer of investigation.
5. Considering the submissions made by the learned counsel on either side and also considering the facts and circumstances of the case, this Court directs the second respondent-Police to complete the investigation in Crime No.104 of 2025 as expeditiously as possible and file charge sheet before the jurisdictional Magistrate within a period of two months from the date of receipt of a copy of this order.
The grounds taken by the petitioner for transfer of investigation are not satisfied. Hence, the criminal original petition is dismissed.
17-07-2025 mfa Index:Yes/No Speaking/Non-speaking order Internet:Yes 4/6
To
1. The Superintendent of Police Thiruvallur District.
2. The Sub Inspector of Police, D-6, Podaturpet Police Station, Pallipattu Taluk, Thiruvallur District.
3. The Public Prosecutor, High Court, Chennai.
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P.VELMURUGAN J mfa CRL OP No. 20118 of 17-07-2025 6/6