A.Poobathi Pandian v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2025
CORAM
THE HONOURABLE MR.JUSTICE P. DHANABAL A.Poobathi Pandian ... Petitioner Vs
1. The State of Tamil Nadu, Rep by the Superintendent of Police, Thoothukudi District, Thoothukudi.
2. The Inspector of Police, Dcb Police Station, Thoothukudi District.
Crime No. 1/2025.
... Respondents PRAYER: Criminal Original petitions have been filed under Section 528 of BNSS to direct the 1st respondent to transfer the investigation of the case in Crime No. 1/2025 on the file of the 2nd respondent police station to any other competent person consequently direct him to file a final report before the concerned court within the time stipulated by this Court.
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For Petitioner : Mr.Sivasuria Narayanan.S, For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor
O R D E R
This Criminal Original Petition has been filed seeking a direction to the first respondent to transfer the investigation of the case in Crime No. 1 of 2025 on the file of the second respondent police station to any other competent person and consequently direct him to file a final report before the concerned court.
2.According to the petitioner, she is the defacto complainant and based on her complaint, the second registered the FIR in Crime No.1 of 2025 for the offence under Sections 406, 420, 294(b) and 506(1) of IPC. The allegations are in respect of misappropriation of funds and the threaten made by the accused. While so, the second respondent has not conducted proper enquiry and without even including all the accused, he omitted to include some of the accused, who were actively took part in crime and the second respondent acted in a biased manner. Hence this 2/5
petition has been filed.
3.The learned Additional Public Prosecutor appearing for the respondent police would submit that the case in Crime No.1 of 2025 is under investigation. The petitioner without any valid grounds made false allegations against the investigation officer and the second respondent, who is conducting the investigation in a fair manner without any bias. 4.Heard both sides and perused the records.
5.Since the said allegations are denied by the second respondent and the petitioner filed this petition without any documents and without any strong materials to support her contentions that the second respondent acted in a biased manner, recording the submission made by the learned Additional Public Prosecutor, the second respondent is directed to investigate the matter in a fair manner and the first respondent has to monitor the investigation of the second respondent. 6.With the above direction, this Criminal Original Petition is 3/5
closed.
28.02.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR To
1. The State of Tamil Nadu, Rep by the Superintendent of Police, Thoothukudi District, Thoothukudi.
2. The Inspector of Police, Dcb Police Station, Thoothukudi District.
3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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P. DHANABAL, J.
LR 28.02.2025 5/5