C. Sivabalan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03/02/2026

CORAM

THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI C.Sivabalan ... Petitioner Vs 1.The State of Tamilnadu, Rep By The Superintendent of Police, Sivagangai District, Sivagangai.

2. The State of Tamilnadu, Rep By The Deputy Superintendent of Police, Thiruppathur Sub Division, Sivagangai District.

3. The State of Tamilnadu, Rep By The Inspector of Police, Thiruppathur Town Police Station, Sivagangai District Cr No. 19 of 2024

4. The State of Tamilnadu, Rep By The Inspector of Police, CBCID, Sivagangai District, Sivagangai.

... Respondents 1/5

PRAYER :- To transfer the investigation in Cr.No.19 of 2024 dated 31/01/2024 pending on the file of the third respondent to the fourth respondent or any other competent authority on the basis of the petitioner's representation dated 20/02/2025.

For Petitioner : Mr.K.Saravanan For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl Side)

ORDER

This criminal original petition has been filed to issue a direction to transfer the investigation in Cr.No.19 of 2024 dated 31/01/2024 pending on the file of the third respondent to the fourth respondent or any other competent authority on the basis of the petitioner's representation dated 20/02/2025.

2. The case of the prosecution is that the petitioner is a CISF Police. On 28.01.2024, when the petitioner's father went for walking in the morning hours, had fallen down and got injured. The same was informed by the local people and the petitioner went to the occurrence place and admitted his father in the hospital. The Doctor suggested that 2/5

the injuries might have been sustained by a hit of a heavy vehicle. Therefore, a complaint has been given by the petitioner before the third respondent police and a case in Crime No.19 of 2024 was registered for the offences under Sections 279, 304(A) of IPC. Even after a lapse of two years, there is no progress in the investigation. Hence, the petition.

3. The petitioner alleges that the third respondent police have not conducted the investigation properly and no effective investigation has been undertaken though nine years have passed and despite representations dated 20.02.2025, no progress has been made. If the investigation is continued by the third respondent, the real culprits would escape from the clutches of law.

4.When the matter is taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the respondent police would submit that after completion of investigation, the final report has been filed as "Undetected" and RCS notice was also served in RCS No.32 of 2025, before the Judicial Magistrate, Thiruppathur, Sivagangai District.

5. In view of the above submission, this Criminal Original Petition is closed, with liberty to the petitioner to challenge the final report, by 3/5

filing a petition seeking further investigation under Section 173(8) Cr.P.C., / 193 (9) BNSS, 2023, if not satisfied by the manner in which final report is filed.

03.02.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No pnn TO 1.The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Deputy Superintendent of Police, Thiruppathur Sub Division, Sivagangai District.

3. The Inspector of Police, Thiruppathur Town Police Station, Sivagangai District Cr No. 19 of 2024

4. The Inspector of Police, CBCID, Sivagangai District, Sivagangai.

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

4/5

L. VICTORIA GOWRI,J pnn

ORDER

IN CRL OP(MD) No.5362 of 2025 Date : 03/02/2026 5/5