P. Deivendran v. The State Of Tamil Nadu,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2025

CORAM

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL.OP(MD).No.4689 of 2025 P. Deivendran ... Petitioner Vs.

1. The State of Tamil Nadu, Represented by the Superintendent of Police, Madurai District.

Madurai.

2. The Deputy Superintendent of Police, Y. Othakadai, Madurai District.

3. The Inspector of Police, Y. Othakadai Police Station, Madurai District.

(Crime No.174 of 2024).

... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), to transfer the investigation in Crime No. 174 of 2024 dated 18.05.2024 on the file of the 3rd respondent police to another investigation officer to bring the truth in the matter.

For Petitioner : Mr. M.Pandian For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) Page No. 1 of 5

O R D E R

This petition has been filed by the petitioner to transfer the investigation in Crime No.174 of 2024 dated 18.05.2024 on the file of the 3rd respondent police to another investigation officer.

2. According to the petitioner, he is the defacto complainant and based on his complaint, a case in Crime No.174 of 2024 has been registered for the offences under Section 294(b), 406, 420, 506(i) and 379 of IPC. Thereafter, the respondent police have not conducted a fair investigation and thereby, he filed a petition to transfer the case in Crl.O.P(MD).No.20034 of 2024 and the same was disposed on 19.11.2024 by directing the petitioner to produced relevant documents for investigation and also directed the respondent police to complete the investigation without further delay. But, the 3rd respondent did not investigate the case, even after sending representation and also appeared in person to consider the petitioner's documents. Therefore, he has filed this petition.

3. The learned Government Advocate (Criminal Side) appearing for the respondents would submit that based on the complaint given by the Page No. 2 of 5

petitioner, they registered a case in Crime No.174 of 2024 for the offences under Section 294(b), 406, 420, 506(i) and 379 of IPC and the investigation in this case is going on. While so, the petitioner has filed a petition to transfer the case from the respondent police to some other investigating agency in Crl.O.P(MD) No.20034 of 2024, wherein this Court passed an order by directing the petitioner to produce the documents for investigation, but so far, the petitioner has not produced any documents. If the petitioner produces the documents, they will consider the documents for investigation and act in accordance with law.

4. Since the prayer of the petition is to transfer the investigation, already this Court also directed the petitioner to produce the documents available with him through an order dated 19.11.2024 in Crl.O.P.(MD)No. 20034 of 2024, the petition for same kind of relief cannot be entertained. The only grievance of the petitioner is that he approached the 3rd respondent police, but they did not even hear the petitioner. Therefore, it is appropriate to direct the petitioner to appear before the 3rd respondentpolice on 15.03.2025 and produce the documents. On production of such documents, the 3rd respondent is directed to consider the documents and conduct the investigation and file the final report as early as possible Page No. 3 of 5

without any delay.

5. With the above said observations and discussions, this Criminal Original Petition is disposed of.

13.03.2025 Internet :Yes Index :Yes/No NCC :Yes/No Mac To

1. The Superintendent of Police, Madurai District.

Madurai.

2. The Deputy Superintendent of Police, Y. Othakadai, Madurai District

3. The Inspector of Police, Y. Othakadai Police Station, Madurai District.

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

Page No. 4 of 5

P.DHANABAL.

J,.

mac Crl.O.P(MD)No.4689 of 2025 13.03.2025 Page No. 5 of 5