M. Chinraj v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL.O.P(MD) No.7571 of 2025 M. Chinraj ... Petitioner Vs

1. The State of Tamil Nadu, Represented by the Superintendent of Police O/o. the Superintendent of Police, Dindigul District.

2. The Inspector of Police, Ambathurai Police Station, Ambathurai, Dindigul District.

(Crime No. 26 of 2025).

...Respondents

PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to transfer the investigation on the file of the 2nd respondent in Crime No.26 of 2025 to any other independent agency or under the supervision of the 1st respondent police and to file the final report within time frame fixed by the Court.

For petitioners : Mr.C.Ezhilarasu For R1 & R2 : 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 on the file of the 2nd respondent in Crime No.26 of 2025 to any other independent agency or under the supervision of the 1st respondent police and to file the final report within time frame fixed by the Court.

2. According to the petitioner, he is the defacto complainant and based on his complaint, a case in Crime No.26 of 2025 was registered for the offences under Sections 296(b), 115(2), 324(4) and 351(2) of BNSS. Thereafter, the 2nd respondent has not conducted a proper investigation and so far not filed any final report. The petitioner received threats from the accused persons to withdraw the case and therefore, the petitioner made a several request to take action against the accused persons, but no action was taken. Therefore, he has filed this petition.

3. The learned Government Advocate (Criminal Side) appearing for the respondents would submit that based on the complaint lodged by the petitioner, a case in Crime No.26 of 2025 was registered for the offences under Sections 296(b), 115(2), 324(4) and 351(2) of BNSS and the same Page No. 2 of 5

is under investigation. There are no specific allegations as against the investigation agency and there are bald and vague allegations and also there are no materials to substantiate the allegations levelled against the 2nd respondent. However, now the investigation is going in a fair manner. Therefore, this petition is liable to be dismissed.

4. Heard both sided and perused the records.

5. The petitioner has filed the petition to transfer the investigation of the case in Crime No.26 of 2025 from the 2nd respondent to some other investigating agency. The reasons stated by the petitioner is that after registering of case, the 2nd respondent has not conducted a proper investigation and so far not filed the final report. In the meantime, the accused also threatened the petitioner to withdraw the case. For that, he sent a representation dated 25.03.2025, but no action was taken. The 2nd respondent denied the allegations and the 2nd respondent has also conducting the investigation in a fair manner. Considering the nature of offences and without any specific allegations as against the 2nd respondent, the transfer of investigation cannot be considered. Therefore the petition has not merits and deserves to be dismissed. However, the Page No. 3 of 5

Deputy Superintendent of Police, Dindigul Rural is directed to complete the investigation and file the final report as early as possible without any delay. Accordingly, this Criminal Original Petition is dismissed. 25.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Mac To

1. The Superintendent of Police O/o. the Superintendent of Police, Dindigul District.

2. The Inspector of Police, Ambathurai Police Station, Ambathurai, Dindigul District 3.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.7571 of 2025 25.04.2025 Page No. 5 of 5