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Madras High CourtCRL OP/24698/2025dismissed

Rekha Balan v. The State Rep By Its, The Inspector Of Police,

2025-09-09Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-09-2025

CORAM

THE HONOURABLE MR JUSTICE N. SATHISH KUMAR

1. Rekha Balan W/o.Ravirajan Kandasamy and another

2. Ravirajan Kandasamy S/o.M.Kandasamy, Both residing at No.4, Bryan Circle, Billerica, MA 01821.

Petitioner(s) Vs

1. The State Rep by its, The Inspector of Police, J8, Neelankarai Police Station, Neelankarai, Tamil Nadu-600 115.

2.R.Sabitha W/o.Ramanathan, No.2, SP Cerunti Apartments, Soundharya Nursery Road, 1st Avenue, Vettuvankeni, Injambakkam, Chennai-600 115.

Respondent(s)

PRAYER Criminal Original Petition filed u/s.482 of Cr.P.C., to direct the 1st respondent to conduct further investigation in Cr.No.169/2025 dated 22.03.2025, on the file of the 1st respondent.

For Petitioner(s):

A.Shabnam Banu For Respondent(s):

R. Vinoth Raja Govt. Advocate (crl.side) Mr. K. Naveen Aravindan counsel for R2

ORDER

The petitioners herein filed the present Criminal Original Petition seeking further investigation in Cr.No.169/2025 dated 22.03.2025, on the file of the 1st respondent.

2. Learned Govt. Advocate (crl.side) appearing for the 1 st respondent submitted that the investigation is on the right way and final report will be filed.

3. As a matter of being an accused, it is for the investigation officer to collect the available materials fairly and file a final report.

4. As per the decision of the Apex Court reported in Romila Thapar v. Union of India, (2018) 10 SCC 753, the Accused cannot have any say in which agency should investigate the offence, nor can he seek for change of investigation agency or ask for court

5. In view of the above, I do not find any merits in this petition. Therefore, this Criminal Original Petition is dismissed. msr 09-09-2025 Index:Yes/No Internet:Yes To 1.The State Rep by its, The Inspector of Police, J8, Neelankarai Police Station, Neelankarai, Tamil Nadu-600 115.

2.R.Sabitha W/o.Ramanathan, No.2, SP Cerunti Apartments, Soundharya Nursery Road, 1st Avenue, Vettuvankeni, Injambakkam, Chennai-600 115.

3. The Public Prosecutor, High Court, Madras

N.SATHISH KUMAR J.

msr 09-09-2025