Balakrishnan v. The Superintendent Of Police

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

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Balakrishnan ... Petitioner Vs

1. The Superintendent of Police, Kanyakumari District.

2. The Inspector of Police, Suchindram Police Station, Kanyakumari District.

Crime No.329/2023.

... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the 1st respondent to transfer the investigation in Crime No.329/2023 on the file of the 2nd respondent to any other competent officer or CBCID specialized agency in order to conduct proper investigation and to cull out the truth and thus For Petitioner : Mr.K.Suyambulingabharathi, For Respondents : Mr.Thanga Aravindh.B, Government Advocate (Crl.Side) 1/4

ORDER

Seeking direction to the first respondent police to transfer the investigation in Crime No.329 of 2023 on the file of the second respondent to any other competent officer or CBCID specialized agency, this criminal original petition is filed.

2.The learned counsel for the petitioner submitted that the petitioner, who is the defacto complainant, had given a complaint to the second respondent police on 10.12.2023, for which, FIR in Crime No. 329 of 2023 came to be registered for the offences under Sections 147, 148, 447, 294(b), 323, 324 and 506(2) IPC as against five accused persons. However, there is no further progress in the investigation and hence, this petition.

3.The learned Government Advocate (crl.side), on instructions, submitted that there are totally five accused in this case, upon completion of investigation, three of them were deleted and final report was also filed before the learned Judicial Magistrate No.III, Nagercoil, as against two accused persons and the same is yet to be taken cognizance. 2/4

4.Recording the same, directing the learned Judicial Magistrate No.III, Nagercoil to take the case on file forthwith, this Criminal Original Petition is filed. The petitioner is also at liberty to file a petition under Section 193(9) of BNSS seeking for further investigation, if so advised. 30.01.2026 NCC :Yes/No Index : Yes/No Rmk To 1.The Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, Suchindram Police Station, Kanyakumari District.

3.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.1533 of 2024 Date : 30/01/2026 4/4