A.Faizal Ahamed v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.04.2025

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL A.Faizal Ahamed .. Petitioner Vs.

1. The Superintendent of Police Office of the Superintendent of Police Thanjavur District

2. The Deputy Superintendent of Police Office of the Deputy Superintendent of Police Pattukottai Taluk Thanjavur District

3. The Inspector of Police Adirampattinam Police Station Pattukottai Taluk Thanjavur District .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to directing the first respondent to transfer the investigation of the FIR in Cr.No.52 of 2025 dt.27.1.2025 for the offences U/s.294(b),118(1),351(3), 324(5) and 74 of BNS on the file of the third respondent to the second respondent and the second respondent to investigate further and file final report.

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For Petitioner : Mr.S.Atham Ali For Respondents : Mr.M.Sakthi Kumar Government Advocate(Crl.Side)

ORDER

This Criminal Original Petition has been filed by the petitioner to transfer the investigation in Crime No.52 of 2025 on the file of the third respondent.

2. The learned counsel appearing for the petitioner would submit that the petitioner is the defacto complainant in this case and based on the complaint given by him a case has been registered in Crime No.52 of 2025 for the offences under Sections 294(b),118(1),351(3),324(5) and 74 of BNS and thereafter the third respondent has not conducted proper investigation and not even included correct provisions of law. The petitioner sustained grievous injuries with deadly weapons but no appropirate provision has been included, therefore filed this present petition.

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3. The learned Government Advocate(Crl.Side) appearing for the respondents would submit that based on the complaint lodged by the petitioner a case has been registered in Crime No.52 of 2025 for the offences under Sections 294(b),118(1),351(3),324(5) and 74 of BNS and simultaneously based on the complaint lodged by one Abdul Kather a case has been registered against this petitioner. It is a case and case in counter and the investigation is going on. If the petitioner still has any grievance then he can appear before the investigation officer and state all the things. The statement of the petitioner was also recorded and awaiting for wound certificate. He would further submit that there are no valid grounds to transfer the case and there is no any allegations against the respondents in this case, therefore the petition is liable to be dismissed. However if the petitioner has any grievance he can approach the third respondent through fresh representation.

4. Considering the prayer sought for in the petition and already investigation was completed and awaiting for wound certificate it is for the third respondent to conduct proper investigation and include the relevant provisions of law. If the petitioner want to produce any 3/5

documents in respect of this occurrence, it is open to him to approach the third respondent by way of representation within one week from the date of receipt of a copy of this order and the same to be considered by the third respondent in accordance with law. There are no grounds to transfer the investigation, therefore transfer of investigation would not arise.

5. With the above direction, the Criminal Original Petition stands disposed of.

15.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No aav To

1. The Superintendent of Police Office of the Superintendent of Police Thanjavur District

2. The Deputy Superintendent of Police Office of the Deputy Superintendent of Police Pattukottai Taluk Thanjavur District

3. The Inspector of Police Adirampattinam Police Station Pattukottai Taluk, Thanjavur District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.DHANABAL,J.

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