Madras High CourtCRL OP(MD)/1132/2026allowed

S.Velthai v. The State Of Tamilnadu Rep. By

2026-01-22Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.01.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.Velthai ... Petitioner Vs.

1.State of Tamilnadu Rep. By, The Superintendent of Police, O/o. the Superintendent of Police, Thoothukudi, Thoothukudi District.

2. The Deputy Superintendent Of Police, O/o. the Deputy Superintendent of Police (Rural), Bryant Nagar, Thoothukudi District.

3. The Inspector of Police, Sipcot Police Station, Thoothukudi District.

(Crime No. 76 of 2023) ... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023 seeking to direct the 1st respondent to Transfer the Investigation for the case in Crime No. 76 of 2023 on the file of the respondent no. 3 and entrust the same to respondent no. 2 to conduct fair and proper enquiry regarding theft of gold ornamnets worth of RS.5,31,250/- by considering the petitioner's representation dated 04.01.2026. 1/4

For Petitioner : Mr.I.Pinaygash For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl.)

ORDER

The petitioner seeks transfer of the investigation for the case in Crime No. 76 of 2023 on the file of the respondent no. 3 and entrust the same to respondent no. 2 to conduct fair and proper enquiry regarding theft of gold ornamnets worth of Rs.5,31,250/- by considering the petitioner's representation dated 04.01.2026.

2. The learned counsel for the petitioner submitted that the petitioner had given a complaint to the third respondent police in respect of theft of 17 1⁄2 sovereign gold jewellery on 26.03.2023, following which, an FIR in Crime No. 76 of 2023 came to be registered. However, even after lapse of two years, there is no progress in the investigation. Hence this petition came to be filed.

3. The learned Government Advocate appearing for the respondent police further submitted that the petitioner's husband, who is a Police Constable, had lodged a complaint alleging theft, suspecting their neighbour. It 2/4

is pointed out that, upon investigation, neither the door nor the almirah in which the gold jewellery was allegedly kept was found to have been forcibly opened or broke open. The neighbour, who was suspected in the complaint, has already been examined and the enquiry in that regard is still pending.

4. Heard the learned counsel on either side and carefully perused the materials placed on records.

5. Recording the same, this Court directs the second respondent to monitor the investigation conducted by the third respondent. Accordingly, this Criminal Original Petition is disposed of with a direction to the third respondent to appraise the progress of the investigation to the second respondent every Friday and complete the same within a period of four weeks from the date of receipt of a copy of this order. 22.01.2026 NCC : Yes / No Index : Yes / No Sm 3/4

L.VICTORIA GOWRI, J.

Sm TO:- 1.The Superintendent of Police, O/o. the Superintendent of Police, Thoothukudi, Thoothukudi District.

2. The Deputy Superintendent Of Police, O/o. the Deputy Superintendent of Police (Rural), Bryant Nagar, Thoothukudi District.

3. The Inspector of Police, Sipcot Police Station, Thoothukudi District

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

Order made in Dated 22.01.2026 4/4