Madras High CourtCRL OP(MD)/1903/2025disposed of

Suresh Kumar v. The State Of Tamilnadu

2025-01-30Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR Suresh Kumar ... Petitioner Vs.

1.The State of Tami Nadu The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Kallimandayam, Dindigul District.

Crime No.219 of 2024 3.The Inspector of Police, CBCID, Dindigul.

... Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to withdraw and transfer the investigation in Crime No.219 of 2024 on the file of the second respondent and transfer the same to the third respondent or any other impartial investigation agency. For Petitioner : Mr.S.Gokulraj 1/4

For R1 to R3 : Mr.E.Antony Sahaya Prabakar Additional Public Prosecutor

ORDER

The petitioner /defacto complaint had lodged a complaint against Nareshkumar, Rani and Palaniyammal, based on which, FIR has been registered. Thereafter, the petitioner was not aware about the status of the investigation. Later, the petitioner came to know that in this case, name of A1 and A2 had been deleted and one of the Sections was also dropped, but no notice has been given to the petitioner and it was also informed that final report has been filed by way of e-filing on 23.12.2024. Hence, sought for transfer of investigation.

2. The learned Additional Public Prosecutor submitted that in this case investigation has been completed and final report filed by way of Efiling on 23.12.2024. Further, from the case diary he submits that there is Miscellaneous Petition in M.P.No.9 of 2025 and the case is posted before the trial Court on 17.02.2025.

3. In view of the above, the petitioner is directed to approach the trial Court on 17.02.2025 or before, and ascertain the nature of the 2/4

petition in M.P.No.9 of 2025. The petitioner is at liberty to file a protest petition for deletion of name and Section without notice to him. The trial Court is directed to consider the petitioner's objection and thereafter, to proceed further.

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

30.01.2025 NCC : Yes / No Index : Yes / No Rmk To 1.The Superintendent of Police, Dindigul District, Dindigul.

2.The Inspector of Police, Kallimandayam, Dindigul District.

3.The Inspector of Police, CBCID, Dindigul.

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

3/4

M.NIRMAL KUMAR, J.

Rmk 30.01.2025 4/4