Sekar v. The State Rep. By The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2025

CORAM:

THE HON'BLE MR.JUSTICE A.D.JAGADISH CHANDIRA Sekar

...Petitioner

Vs.

1. The Superintendent of Police, Kallakurichi District.

2. The Inspector of Police, Ulundurpet Police Station, Kallakurichi District.

(Crime No.129 of 2021)

...Respondents

Petition filed under Section 528 of BNSS, 2023, to direct the 1st respondent to transfer the investigation pending in Crime No.129 of 2025 on the file of the second respondent police and transfer the same to any other competent agency for conducting effective further investigation within the time stipulated by this Court in Crime No.129 of 2025. For Petitioner : Mr.Krishnasamy Chinnasamy For Respondents : Mr.S.Santhosh, Government Advocate (Crl.Side) 1/4

ORDER

This criminal original petition has been filed seeking to direct the first respondent for transfer of the investigation in Crime No.129 of 2025 from the file of the second respondent-Police to any other competent authority.

2. Alleging that the investigation in Crime No.129 of 2025 has not been conducted in a fair and proper manner, the petitioner seeks the aforesaid relief.

3. The learned counsel for the petitioner submits that the petitioner / de-facto complainant was brutally assaulted by the accused, as a result of which he lost vision in his left eye. He further submits that despite the accused having threatened the de facto complainant with dire consequences, the respondents-Police registered a case only under Sections 294(b), 323, 324 and 506(2) of IPC, 1860 and omitted to include Section 307 of IPC, 1860 in the FIR. In view of the inordinate delay and the complete lack of progress in the investigation, the learned counsel seeks the aforesaid relief. 2/4

4. Per contra, the learned Government Advocate (Crl.Side) appearing for the respondents / Police, submits that based on the medical opinion, the investigation has been completed in a proper manner and that the final report has been made ready and the same will be filed within a period of two weeks. Hence, the question of transfer does not arise.

5. Heard the learned counsel appearing on either side and perused the materials available on record.

6. Considering the facts and circumstances of the case, this Court does not find any infirmity in the investigation conducted by the respondents. Accordingly, this criminal original petition stands closed. However, if the petitioner is aggrieved by the final report, he is at liberty to proceed in accordance with law, if so advised.

18.12.2025 rap NCC : Yes/No 3/4

A.D.JAGADISH CHANDIRA, J.

rap To:

1. The Superintendent of Police, Kallakurichi District.

2. The Inspector of Police, Ulundurpet Police Station, Kallakurichi District.

3.The Public Prosecutor, Madras High Court.

18.12.2025 4/4