S.Chandra v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR S.Chandra ... Petitioner Vs.

1. The Superintendent of Police, Cuddalore District, Cuddalore.

2. The Inspector of Police, Chidambaram Town Police Station, Cuddalore District.

(Crime No.367 of 2023) ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, to transfer the case to any other investigating agency to conduct fresh investigation in Crime No.367 of 2023 on the file of the second respondent Police.

For Petitioner : Mr.R.T.Vishnu For Respondent : Mr.R.Vinothraja Government Advocate (Criminal Side)

O R D E R

This Criminal Original Petition has been filed seeking to transfer the investigation in Crime No.367 of 2023 pending on the file of the second respondent to any other investigating agency. 1/5

2.

Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) for the respondents and perused the materials available on record, including the Report dated 05.06.2024 filed by the Additional Superintendent of Police (HQ), Villupuram.

3.

Based on the complaint given by the petitioner/de facto complainant that the accused had committed theft of machineries from her house, a case in Crime No.367 of 2023 was registered for the offences under Sections 451, 380 and 506 (1) of IPC on the file of the second respondent Police. However, the case in Crime No.367 of 2023 has been closed as a "mistake of fact".

4.

On perusal of the records, this Court finds that based on the representation given by the petitioner, the Additional Superintendent of Police, Villupuram District, conducted an enquiry and submitted a report on 05.06.2024, stating that the investigation had not been properly conducted and that the closure report was not proper. The report clearly indicates that the Additional Superintendent of Police found fault with the Investigating Officer for closing the case without conducting a proper investigation. 2/5

5.

In view of the above, this Court is of the opinion that the enquiry report by the Additional Superintendent of Police itself establishes that the investigation carried out by the Investigating Officer was not proper and was not conducted in the right direction. Therefore, this Court is of the considered view that this is a fit case where further investigation ought to be conducted.

6.

Accordingly, the Deputy Superintendent of Police, Chidambaram, is directed to conduct further investigation in this case and file the final report at the earliest.

7.

With the above directions, this Criminal Original Petition is disposed of.

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To

1. The Superintendent of Police, Cuddalore District, Cuddalore.

2. The Deputy Superintendent of Police, Chidambaram.

3. The Inspector of Police, Chidambaram Town Police Station, Cuddalore District.

4. The Public Prosecutor, High Court of Madras.

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N. SATHISH KUMAR , J.

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