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Madras High CourtCRL OP(MD)/6920/2025disposed of

Thangaian v. The State Of Tamilnadu

2025-04-17Honourable Mr. Justice P.Dhanabal4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE P.DHANABAL CRL. OP(MD) No.6920 of 2025 Thangaian ... Petitioner Vs.

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

2. The Deputy Superintendent of Police, District Crime Branch, Trichy District.

3. The Inspector of Police, Manikandan Police Station, Trichy District.

... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, to order to conduct the investigation in Crime No.186 of 2023 pending on the file of the 3rd respondent by the competent person viz. the 2nd respondent herein to be appointed by the 1st respondent.

For Petitioner : Mr.P.Ganapathi Subramanian For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl. Side) Page No. 1 of 4

O R D E R

This petition has been filed by the petitioner to direct 1st respondent to nominate the 2nd respondent as investigating officer in Crime no.186 of 2023 on the file of the 3rd respondent.

2. According to the petitioner, he is the defacto complaint in this case and based on the same, a case in Crime no.186 of 2023 was registered for the offences under Sections 420 and 406 of IPC. In this case, more than Rs.59,00,000/- is involved and therefore, the matter has to be investigated by the 2nd respondent. However, after registration of case by the 3rd respondent, still the matter is under investigation by the 3rd respondent. Hence this petition.

3. The learned Government Advocate (Criminal Side) appearing for the respondents would submit that based on the complaint lodged by the petitioner, they registered a case in Crime No.186 of 2023 for the offences under Sections 420 and 406 of IPC. Now the case is under investigation by the 3rd respondent. Since more than Rs.59,00,000/- is involoved in this case, the matter has to be investigated by the 2nd respondent, therefore, the 3rd respondent will address to the 1st respondent for taking steps to transfer Page No. 2 of 4

the investigation within fifteen days.

4. Considering the prayer sought for in the petition and the respondent police have also no objection to transfer the case, this Court directs the 3rd respondent to sent a request to the 1st respondent to transfer the case to the 2nd respondent and after receipt of the request, the 1st respondent shall nominate appropriate person as investigating officer in this case in accordance with law without any delay.

5. With the above said observation and direction, this Criminal Original Petition is disposed of.

17.04.2025 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.

2. The Deputy Superintendent of Police, District Crime Branch, Trichy District.

3. The Inspector of Police, Manikandan Police Station, Trichy District.

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

CRL. OP(MD) No.6920 of 2025 17.04.2025 Page No. 4 of 4