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Madras High CourtCRL OP/21458/2025disposed of

B.Naveen Kumar v. The Director General Of Police,

2025-07-31Honourable Mr Justice P. Velmurugan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.07.2025

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN and Crl.M.P.No.14717 of 2025 B.Naveen Kumar ... Petitioner Vs.

1.

The Director General of Police, Tamil Nadu Police, Dr.Radhakrishnan Salai, Mylapore, Chennai - 600 004.

2.

The Superintendent of Police, Namakkal, Namakkal District.

3.

The Inspector of Police, District Crime Branch, Namakkal District.

... Respondents Prayer: Criminal Original Petition is filed under Section 528 BNSS, 2023, to transfer the investigation of the case in Crime No.05 of 2025 on the file of the 3rd respondent-Police to CB-CID or any other suitable investigating agency.

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For Petitioner : Mr. A.Nilesh Ram for M/s.K.M.Vijayan Associates For Respondents : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

O R D E R

The Criminal Original Petition is filed seeking a direction to transfer the investigation of the case in Crime No.05 of 2025 on the file of the 3rd respondent-Police to CB-CID or any other suitable investigating agency.

2. According to the petitioner, he lodged a complaint dated 12.05.2025 with the second respondent-Police against one Dhanvardhini, who is none other than the wife of the petitioner and also her father and mother alleging that the said Dhanvardhini had impersonated herself as a Group-I officer and married him and also collected huge sums to the tune of about Rs.1.5 Crores from various individuals, promising them to secure Government jobs. She even went to the extent of issuing fake and forged appointment orders and certificates to the unsuspecting victims. 2/6

The father and mother of the said Dhanvardhini and other persons are also involved in the said scam. Pursuant to the said complaint, a case in Crime No.5 of 2025 was registered by the third respondent-Police and the said Dhanvardhini was arrested and remanded to judicial custody. However, her father, mother and other persons involved in the said scam, were left free and have not even been interrogated by the third respondent-Police. The third respondent, despite being aware of these facts, remained silent and has failed to take any effective steps. Therefore, the petitioner apprehends that if the third respondent-Police continues the investigation, no free, fair and discreet investigation would be taken place. Hence, the petitioner submitted a representation dated 30.06.2025 to the first respondent-Police seeking a direction to transfer the investigation of the case from the file of the third respondent-Police to any other agency, but till date, no response was forthcoming. Hence, the present petition is filed.

3. Learned Government Advocate (Crl.Side) appearing for the respondents-Police, on instructions, submitted that, on 26.06.2025, the third respondent-Police registered a case in Crime No. 5 of 2025 against the said Dhanvardhini and two others for the offences punishable under 3/6

Sections 120-B, 170, 419, 468 and 340 IPC and Sections 49 and 54 of the Bharatiya Nyaya Sanhita (BNS) 2023 and investigation is under progress.

4. Heard the learned counsel on either side and perused the materials available on record.

5. On a perusal of the records, it is seen that the case in Crime No.5 of 2025 was registered only on 26.06.2025 for the offences punishable Sections 120-B, 170, 419, 468 and 340 IPC and Sections 49 and 54 of the Bharatiya Nyaya Sanhita (BNS) 2023, which are serious in nature and the investigation is under progress. To find out the conspiracy, forgery and impersonation, the respondent-Police requires some time to complete the investigation. Further, there are no specific allegations against the investigating officer and only on a mere apprehension, the petitioner has come forward with the present petition seeking transfer of investigation from the third respondent-Police to any other investigation agency, which is premature in nature. Hence, this Court is not inclined to grant the relief sought for the petitioner in the present petition and the Criminal Original Petition is accordingly dismissed. Consequently, connected miscellaneous petition is closed. The third respondent-Police is hereby 4/6

directed to expedite the investigation and file a final report within a period of three months from the date of receipt of a copy of this order, since the case involves significant public interest at large. 31.07.2025 Index : Yes/No Speaking Order : Yes/No ms To 1.

The Director General of Police, Tamil Nadu Police, Dr.Radhakrishnan Salai, Mylapore, Chennai -600 004.

2.

The Superintendent of Police, Namakkal, Namakkal District.

3.

The Inspector of Police, District Crime Branch, Namakkal District.

4. The Public Prosecutor, High Court, Madras.

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P.VELMURUGAN, J ms 31.07.2025 6/6