Durairaj v. The Superintendent Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.10.2025

CORAM:

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

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

2. The Inspector of Police, CBCID, Krishnagiri.

3. The Inspector of Police, SIPCOT Police Station, Hosur, Krishnagiri District.

... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, to transfer the investigation concerned in Crime No.458 of 2023 pending on the file of the 3rd respondent and to transfer the same to the file of the 2nd respondent or any other appropriate agency to conduct a free and fair investigation and to file a final report within a stipulated time. For Petitioner : Mr.C.Prabakaran For Respondents : Mr.R.Vinothraja Government Advocate (Criminal Side)

O R D E R

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This Criminal Original Petition has been filed seeking to transfer the investigation in Crime No.458 of 2023, pending on the file of the 3rd respondent and to transfer the same to the file of the 2nd respondent or any other appropriate agency to conduct a free and fair investigation and to file a final report within a stipulated time.

2.

It is the grievance of the petitioner that the petitioner's son was died due to the rash and negligent driving of the offending vehicle. Though the FIR filed on 30.10.2023 in Crime No.458 of 2023 for the offences under Section 279, 304(A), till date, the investigation has not proceeded further. Hence, the present petition has been filed seeking transfer of the case from the file of the third respondent to the file of the 2nd respondent or some other agency.

3. The learned Government Advocate (Crl.Side), on instructions, would submit that, on investigation, it was found that the petitioner's son, while driving the motor vehicle, hit against a street dog and fell down and died and therefore, after investigation, the matter has been closed and RCS is yet to be served.

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4. Heard the learned counsel appearing for the petitioner and the 2/4

learned Government Advocate (Criminal Side) appearing for the respondents.

5.

In view of the above, this Court directs the authorities concerned to serve the RCS to the petitioner within a period of one week. On such service, it is open to the petitioner to challenge the same in the manner known to law.

6. In fine, this Criminal Original Petition stands disposed of. 08.10.2025 kak To

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

2. The Inspector of Police, CBCID, Krishnagiri.

3. The Inspector of Police, SIPCOT Police Station, Hosur, Krishnagiri District.

4. The Public Prosecutor, High Court of Madras. N. SATHISH KUMAR , J.

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