R.Valli v. State Rep.By, The Deputy Commissioner Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.08.2025

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY R.Valli

...Petitioner

Vs.

1. State Rep. by The Deputy Commissioner of Police, Avadi.

2. State Rep.by, The Inspector of Police, M-6, Manali Police Station, Chennai.

3. Murugan

4. Arumugam

5. Munusamy

6. Thirnavukarasu

...Respondents

Petition filed under Section 527 of the Bharatiya Suraksha Sanhita, 2023 to direct the first respondent to transfer the investigation in Crime No.340 of 2025 dated 17.07.2025, pending on the file of the second respondent to some other agency.

For Petitioner : Mr.B.Prakash For Respondents : Mr.S.Vinoth Kumar, GA(Crl.Side) [R1and R2] 1/4

O R D E R

The prayer in the petition is to issue a direction to the first respondent to transfer the investigation in Crime No.340 of 2025 dated 17.07.2025 pending on the file of the second respondent.

2. When the matter came up for hearing the learned Government Advocate (Crl. Side) would submit that after investigation, the respondent has concluded that it is civil in nature and have already closed the case and when the RCS notice was tried to be served on the petitioner, the petitioner did not receive the same and therefore it is sent by professional courier on 02.08.2025 and final report is also filed on the file of the Judicial Magistrate Court, Tiruvottiyur in E-filing No.LTN20230001022C202500081. In reply thereof, the learned counsel for the petitioner would submit that because the accused involved are ruling party functionaries, absolutely no investigation whatsoever was conducted and not even the petitioner was properly examined. Even when the complaint was lodged, absolutely no interest whatsoever was shown in investigation. That is why, the petitioner had to pray for referring the case for investigation by way of a petition under Section 2/4

156(3) of the Code of Criminal Procedure. In that view of the matter, when the respondents have filed the final report only after filing of the present petition, the same should not be accepted by this Court.

3. It can be seen that this petition is filed on 28.07.2025 and only thereafter, the closure report is sought to be filed before the learned Magistrate. However, once the investigation is complete and the final report is filed, the remedy of filing a protest petition is also open to the petitioner. The petitioner shall also bring it to the notice of the court in the said protest petition, even about the fact that the final report itself was filed only after the filing of the present petition on 28.07.2025. The petitioner can also raise all the contentions in the protest petition which shall be considered dispassionately by the learned Magistrate.

4. Keeping open the liberty of the petitioner to file the protest petition in detail, this petition stands disposed of. 05.08.2025 rap NCC : Yes / No Index : Yes / No 3/4

D.BHARATHA CHAKRAVARTHY.J., rap To

1. The Deputy Commissioner of Police, Avadi.

2. The Inspector of Police, M-6, Manali Police Station, Chennai.

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