Madras High CourtCRL OP/23041/2025dismissed

Prabavathi v. The Director General Of Police,

2025-08-20Honourable Mr Justice N. Sathish Kumar5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20-08-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

1. Prabavathi W/o.Thirumalai, Residing at Road street, Ukkamperumbakkam Village, Vembakkam Taluk, Thiruvannamalai District.

Petitioner(s) Vs

1. The Director General of Police, Mylapore, Chennai-600 004.

2.The Additional Director General of Police, CBCID, Egmore, Chennai-600 008.

3.The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.

4.The Inspector of Police, Dusi Police Station, Tiruvannamalai.

Respondent(s)

PRAYER : Criminal Original Petition filed under section 528 of BNSS to direct the Respondents to transfer the investigation in Crime No.202/2025 on the file of the 4th Respondent police station (Dusi Police Station, Thiruvannamalai District) to the file of the CBCID, and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case.

For Petitioner(s):

M/s.M.Ponmudi For Respondent:

Mr.K.M.D.Muhilan Additional Public Prosecutor

ORDER

This Criminal Original Petition has been filed to direct the Respondents to transfer the investigation in Crime No.202/2025 on the file of the 4th Respondent police station (Dusi Police Station, Thiruvannamalai District) to the file of the CBCID.

2. The petitioner's husband was said to have been murdered by A1 and others on 08.05.2025 which resulted in registering of the First Information Report in Crime No.202 of 2025. The grievance of he petitioner is that though

the other accused have been arrested, A1 has not been arrested, since he is a suspended constable. The petitioner seeks to transfer the investigation on the ground that as the first accused has not been arrested, there is reasonable apprehension of bias and collusion.

3. The learned Additional Public Prosecutor submitted that A1 is at large and a special team has been constituted to secure him. He further submitted that A1 fled away to North India and he is being traced through ATM cash withdrawal and the special team is constituted to nab him. He further submitted that investigation is already over and final report has been filed before the concerned Court by e-filing on 04.08.2025.

4. In such view of the matter as the witnesses have been examined and their statements have already been recorded and investigation has been completed and charge sheet has also been filed, investigation cannot be transferred at this stage on the ground that the investigation is tainted. Hence, I do not find any merits in this petition.

5. Accordingly, this Criminal Original Petition is dismissed. 20-08-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes vrc To,

1. The Judicial Magistrate, Cheyyar.

2.The Director General of Police, Mylapore, Chennai-600 004.

3.The Additional Director General of Police, CBCID, Egmore, Chennai-600 008.

4.The Superintendent of Police, Tiruvannamalai District, Tiruvannamalai.

5.The Inspector of Police, Dusi Police Station, Tiruvannamalai.

N.SATHISH KUMAR J.

vrc 20-08-2025