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Madras High CourtCRL OP(MD)/993/2024allowed

V.Arumugam v. The Superintendent Of Police

2026-01-30Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 30/01/2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI V.Arumugam ... Petitioner Vs 1.The Superintendent of Police, Tiruchirappalli District, Tiruchirappalli.

2.The Deputy Superintendent Of Police, Jeeyapuram Police Station, Tiruchirappalli District.

3.The Inspector of Police, Vathalai Police Station, Tiruchirappali District.

4.The Superintendent of Police, CBCID, Tiruchirappalli.

... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to transfer the investigation in First Information report registered by 3rd respondent in Crime No. 57 of 2023 dated 27.03.2023 under section 279, 304(A) IPC to the 4th respondent within stipulated time as fixed by this Court.

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For Petitioner : Mr.Karthikeyan.V, For Respondent : Mr.M..Sakthi Kumar, Government Advocate (Crl.Side)

ORDER

Seeking to transfer the investigation in Crime No. 57 of 2023 on the file of the third respondent police, this criminal original petition is filed.

2.The learned counsel for the petitioner submitted that on the complaint lodged by the petitioner with the third respondent police to investigate the accidental death of petitioner's son, namely, Chandran, the first information report in Crime N o.57 of 2023 came to be registered as on 27.03.2023 for the offences under Sections 279 and 304(A) IPC against the petitioner's deceased son. He lamented the lethargy on the part of the third respondent police in conducting the investigation. Hence, this petition.

3.The learned Government Advocate (crl.side), on instructions, 2/5

submitted that the earlier investigating officer has been transferred. He also brought to the notice of this Court that, in this case, charge sheet has been filed and the case is committed to Sessions Court in S.C.No.8 of 2025 on the file of the Additional Mahila Court, Karur. Since the accused had died, the case was closed as abated.

4.The learned counsel for the petitioner submitted that despite the petitioner has sent representation as early as on 15.04.2023, charge sheet has been filed mechanically and without proper application of mind. 5.Heard the learned counsel on either side and carefully perused the materials available on record.

6.Considering the facts and circumstances of the case, the third respondent is directed to re-open the case in Crime No.57 of 2023, commence the investigation, cautiously alter the FIR by investigating as to who actually committed the accidental death of the petitioner's deceased son and conclude the investigation within a period of three months from the date of receipt of a copy of this order. The second 3/5

respondent police is directed to monitor the same. The third respondent is also directed to appraise the progress of the investigation every Friday to the second respondent police.

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

30.01.2026 NCC : Yes/No Index : Yes/No Rmk To

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

2. The Deputy Superintendent Of Police, Jeeyapuram Police Station, Tiruchirappalli District.

3. The Inspector of Police, Vathalai Police Station, Tiruchirappali District.

4. The Superintendent of Police, CBCID, Tiruchirappalli.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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L.VICTORIA GOWRI, J.

Rmk

ORDER

IN CRL OP(MD) No.993 of 2024 Date : 30/01/2026 5/5