Kulanthai Therasu v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL Kulanthai Therasu ... Petitioner Vs

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

2. The Inspector of Police, Siruganur Police Station, Trichy District, Crime No.149 of 2024.

3. The Inspector of Police, District Crime Branch, Trichy.

... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to direct the 1st respondent to transfer the investigation in Crime No.149 of 2024 from the file of the 2nd respondent to the file of the 3rd respondent and direct the 3rd respondent to complete the investigation and file charge sheet within a time frame in accordance with law.

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For Petitioner : Mr.T.Leninkumar For R1 to R3 : Mr.R.M.Anbunithi Additional Public Prosecutor (Crl. Side)

O R D E R

This petition has been filed by the petitioner to direct the 1st respondent to transfer the investigation in Crime No.149 of 2024 from the 2nd respondent to the 3rd respondent and direct the 3rd respondent to complete the investigation and file the charge sheet within a time frame fixed by this Court.

2. According to the petitioner, he is the defacto complaint in this case and based on his complaint, a case in Crime No.149 of 2024 for the offences under Sections 147, 294(b), 323, 506(1), 427, 120B, 454, 380 of IPC and Section 4 of TN Prohibition of Harassment of Women Act, 2002. Thereafter, the 2nd respondent has not conducted proper investigation. Since more than an amount of Rs.40 lakhs is involved in this case, the District Crime Branch (DCB) has to investigate the matter. Therefore, he sent a representation dated 21.03.2025, but the same has not been considered. Hence the petition.

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3. The learned Additional Public Prosecutor (Criminal Side) appearing for the respondents would submit that based on the complaint lodged by the petitioner, they registered a case in Crime No.149 of 2024 and thereafter, the 2nd respondent is conducting investigation in a proper manner and already, they have examined so many witnesses and during the pendency of the case, the 1st accused died. However, they have no objection to entrust the investigation to the 3rd respondent.

4. Considering the prayer sought for in this petition, the case is also pending from the year 2024 and the 2nd respondent has also no any serious objection to transfer the case, it is appropriate to allow this petition and accordingly, this Criminal Original Petition is allowed and the case in Crime No.149 of 2024 on the file of the 2nd respondent is transferred to the 3rd respondent and the 3rd respondent is directed to conduct a fair investigation and file the final report as early as possible without any delay.

08.04.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No Mac Page No. 3 of 4

P.DHANABAL, J.

Mac To

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

2. The Inspector of Police, Siruganur Police Station, Trichy District,

3. The Inspector of Police, District Crime Branch, Trichy.

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

CRL. OP(MD) No.6497 of 2025 08.04.2025 Page No. 4 of 4