Saktivel v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL Saktivel ... Petitioner Vs.

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

2. The Deputy Superintendent of Police, Nilakottai Sub-Division, Dindigul District.

Crime No.48 of 2025.

3. The Inspector of Police, Nilakottai Police Station, Dindigul District.

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

... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to transfer the investigation of the above said case in Crime No.48 of 2025 from the file of the 3rd respondent police to CBCID/4th respondent for further investigation and to file a final report before the concerned Court within the time.

Page No. 1 of 4

For Petitioner : Mr.J. Vishnu For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side)

O R D E R

This petition has been filed by the petitioner to transfer the investigation of the case in Crime No.48 of 2025 from the 3rd respondent police to the 4th respondent by considering the petitioner's representation dated 28.03.2025.

2. According to the petitioner, he is the defacto complaint in this case and his son died in a road accident and thereby, a case in Crime No. 48 of 2025 was registered and thereafter, the 3rd respondent has not conducted any proper investigation and the petitioner has also sent a representation dated 28.03.2025 by identifying the vehicle which involved in the accident, but the same has not been considered. Hence, he has filed this petition.

3. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondents would submit that they have admitted the receipt of representation of the petitioner dated 28.03.2025 and the case is Page No. 2 of 4

under investigation by the 3rd respondent and the petitioner's representation will also be considered in accordance with law during the investigation.

4. Considering the prayer sought for in the petition and the 3rd respondent has also admitted the receipt of representation of the petitioner and he also assured to consider the representation of the petitioner during the investigation and take appropriate action, this Court directs the 3rd respondent to conduct a fair investigation by considering the petitioner's representation dated 28.03.2025 and to take appropriate action in accordance with law and the 2nd respondent is directed to monitor the investigation. The petitioner is also at liberty to approach the 3rd respondent, if he has any materials in respect of the accident.

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

08.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Mac P.DHANABAL, J.

Page No. 3 of 4

Mac To

1. The Superintendent of Police, Dindigul District.

2. The Deputy Superintendent of Police, Nilakottai Sub-Division, Dindigul District.

Crime No.48 of 2025.

3. The Inspector of Police, Nilakottai Police Station, Dindigul District.

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

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

CRL. OP(MD) No.6504 of 2025 08.04.2025 Page No. 4 of 4