Sekar v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Sekar ... Petitioner Vs

1. The Superintendent of Police, Perambalur District.

2. The Deputy Superintendent of Police, Perambalur, Perambalur District.

3. The Inspector of Police, Perambalur Police station, Perambalur District.

... Respondents PRAYER: Criminal Original Petition is filed under 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to pass an appropriate order or direction directing the first and second Respondent, to transfer the case in Crime No.400 of 2024 on the file of the third respondent Police to any other competent authority to investigate the case in speedy manner and to file final report within a time limit to be fixed by this Hon'ble Court. For Petitioner : M/s S.Rithika For Respondents : Mr.R.Vinothraja Government Advocate (Crl.side)

ORDER

This Criminal Original Petition has been filed to transfer the case in Crime No.400 of 2024 on the file of the third respondent Police to any other investigation agency.

2. Heard the learned counsel on either side and perused the materials placed on record.

3. On the complaint lodged by the petitioner, the third respondent registered FIR in Crime No.400 of 2024 under Man Missing alleging that the petitioner's brother is missing.

4. The learned Government Advocate (Crl.side) appearing for the respondents would submit that the third respondent searched the person and no clue is found about the missing person. The third respondent is taking all steps to find out the missing person in the manner known to law.

5. Therefore, at this stage, if the entire investigation is transferred to any other investigation agency, it would affect the entire investigation already done by the third respondent. Therefore, this Court is not inclined to transfer

the case in Crime No.400 of 2024 on the file of the third respondent Police to any other investigation agency. However, the third respondent is directed to complete the investigation in Crime No.400 of 2024 and file a final report, within a period of twelve weeks from the date of receipt of a copy of this order.

6. Accordingly, this Criminal Original Petition is dismissed. 06.02.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Superintendent of Police, Perambalur District.

2. The Deputy Superintendent of Police, Perambalur, Perambalur District.

3. The Inspector of Police, Perambalur Police station, Perambalur District.

4. The Public Prosecutor, High Court, Madras.

06.02.2025