Madras High CourtCRL OP(MD)/3450/2024disposed of

S.Murugesan v. The Superintendent Of Police

2026-01-30Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2026

CORAM:

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

1. The Superintendent of Police, Tenkasi District, Tenkasi.

2.The Inspector of Police, Alangulam Police Station, Tenkasi District.

Crime No.40 of 2024.

3.The Inspector of Police, CBCID, Tenkasi.

... Respondents PRAYER : Petition filed under Section 482 of Cr.P.C., to direct the first respondent herein to transfer the investigation of Crime No.40 of 2024 from the file of the second respondent to the file of the third respondent. For Petitioner : Mr.S.M.Mohan Gandhi, For Respondents : Mr.B.Thanga Aravindh, Government Advocate (Crl.) 1/4

ORDER

This Criminal Original Petition has been filed seeking orders to transfer the investigation of the case in Crime No.40 of 2024, dated 02.02.2024 from the file of the second respondent to the file of the third respondent.

2. The learned counsel appearing for the petitioner submitted that the petitioner/defacto complainant lodged a complaint before the second respondent police on 22.01.2024, for which an FIR came to be registered in Crime No. 40 of 2024 for the offences relating to illegal trespass and demolition of a godown, causing damage to the tune of Rs. 4,00,000/-. However, there is no progress in the investigation, hence this petition. 3.The learned counsel for the petitioner further submitted that the offences under the Tamil Nadu Property (Prevention of Damage and Loss) Act are clearly made out; however, the police have failed to look into the same. 4.The learned Government Advocate (Criminal Side) appearing for the State submitted that the investigation was closed as mistake of fact and RCS notice was served on the defacto complainant through trial Court in RCS.No.4 of 2024.

2/4

5.In view of the above, this Criminal Original Petition is disposed of. The petitioner is at liberty to file a protest petition, if so advised. 30.01.2026 NCC : Yes / No Index : Yes / No Internet : Yes / No das TO:-

1. The Superintendent of Police, Tenkasi District, Tenkasi.

2.The Inspector of Police, Alangulam Police Station, Tenkasi District.

Crime No.40 of 2024.

3.The Inspector of Police, CBCID, Tenkasi.

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

3/4

L.VICTORIA GOWRI, J.

das Order made in Dated : 30.01.2026 4/4