Madras High CourtCRL OP(MD)/7848/2025disposed of

Palanivel v. The State Of Tamil Nadu

2025-04-28Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2025

CORAM

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

1. The State of Tamil Nadu, Rep. by the Superintendent of Police, Madurai District.

2. The Sub-Inspector of Police, Vikramangalam Police Station, Madurai District.

... Respondents PRAYER: Criminal Original petition has been filed under Section 528 of BNSS to withdraw the case in CSR.No.145 of 2025 on the file of the 2nd Respondent and transfer the same to any other investigating agency other than the 2nd Respondent.

For Petitioner : Mr.S.Vellaichamy For Respondents: Mr.M.Sakthi Kumar Government Advocate (Crl.Side) 1/5

O R D E R

This Criminal Original Petition has been filed to direct to withdraw the case in CSR.No.145 of 2025 on the file of the 2nd Respondent and transfer the same to any other investigating agency other than the 2nd Respondent.

2.According to the petitioner, he lodged a complaint against the 2nd respondent/Sub Inspector of Police for the criminal activity done by him. Though CSR No. 145 of 2025 has been assigned, thereafter, the same has not been considered. Hence, this petition. 3.The learned Government Advocate (Crl.Side) would submit that based on the complaint of the petitioner CSR No. 145 of 2025 was assigned and the same was closed after enquiry. At this stage, transfer of enquiry will not arise.

3.The learned counsel for the petitioner would further submit that he sent a representation to the 1st respondent on 12.04.2025 but the same has not been considered.

2/5

4.The learned Government Advocate (Crl.Side) would further submit that there are no records to show the receipt of complaint before the 1st respondent. They have not received any complaint from the petitioner.

5.Since the complaint of the petitioner was already closed by the 2nd respondent and the 1st respondent has also denied the receipt of complaint, it is for the petitioner to approach the 1st respondent with a fresh complaint. On such complaint being made, the 1st respondent is directed to appoint the Inspector of Police, Vikramangalam Police Station as enquiry officer and dispose of the complaint of the petitioner in accordance with law.

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

28.04.2025 Internet :Yes Index :Yes/No NCC :Yes/No PNM 3/5

To 1.The Superintendent of Police, Madurai District.

2. The Sub-Inspector of Police, Vikramangalam Police Station, Madurai District.

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

4/5

P. DHANABAL, J.

PNM ORDER IN 28.04.2025 5/5