Udhayakumar v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.01.2026

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.1042 of 2026 Udhayakumar

...Petitioner

Vs.

1.State rep., by The Superintendent of Police, Thanjavur District.

2.State rep., by The Inspector of Police, Papanasam Police Station, Thanjavur District.

Crime No.274 of 2025 ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the transfer of the investigation in FIR No.274 of 2025 from the file of the second respondent to an independent investigating agency or a specialised wing under the supervision of the first respondent and direct the new investigating officer to complete the probe and file a final report within a stipulated time frame. 1/6

For Petitioners : Mr.S.Gurumoorthy For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.)

ORDER

This petition has been filed seeking transfer of the investigation in FIR No.274 of 2025 from the file of the second respondent to an independent investigating agency or a specialised wing under the supervision of the first respondent and direction to the new investigating officer to complete the probe and file a final report within a stipulated time frame.

2.The petitioner is the nephew of the deceased Muruganantham. On 14.07.2025, approximately 9:00 pm., while the deceased Muruganantham was walking on the left side of KumbakonamThanjavur Main Road near Kesavan Puncture Shop, an unidentified two-wheeler driving in rash and negligent manner hit him from behind. In this regard, an First Information Report in Crime No.274 of 2025 was registered for the offences under Sections 281 and 125(a) of BNS, 2023 and later, the charges were altered to Sections 281 and 106(1) of 2/6

BNS, following the death of the victim. However, there is no progress in the investigation and hence this petition. 3.Per contra, the learned Government Advocate (crl.side) appearing for the respondent State, on instructions, submitted that investigation has been concluded and the offences have been altered to Section 106(1) of BNS. He further submitted that no CCTV footage was available, as a result of which, the investigating officer is yet to identify the vehicle involved.

4.In reply, the learned counsel for the petitioner submitted that CCTV footage is very well available and he in fact placed the same before me. He also pointed out that the deceased person is a Government staff.

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

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6.In view of the submissions made, this Court directs the second respondent to conclude the investigation in Crime No.274 of 2025 as expeditiously as possible in identifying the vehicle involved utilizing the available CCTV footage, within a period of one month from the date of receipt of a copy of this order. The first responder is directed to monitor the investigation undertaken by the second respondent and the second respondent shall appraise the progress of the investigation to the first respondent on every Friday or Saturday. 7.With the above direction, this Criminal Original Petition is allowed.

21.01.2026 NCC : Yes / No Index : Yes / No Rmk 4/6

To 1.The Superintendent of Police, Thanjavur District.

2.The Inspector of Police, Papanasam Police Station, Thanjavur District.

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

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L.VICTORIA GOWRI, J.

Rmk Crl.O.P.(MD)No.1042 of 2026 21.01.2026 6/6