K.Chellapandi v. The State Of Tamilnadu Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.04.2025

CORAM

THE HONOURABLE MR.JUSTICE P. DHANABAL

1. K.Chellapandi

2. S. Ganapathy Ammal

3. S. Saravanan

4. S. Alaguraja

5. Gokila

6. S. Kaleeswaran

7. P. Kanagavel

8. G. Ashok

9. M. Raj

10. P. Prakash

11. R. Rajan

12. M. Alagarsamy

13. R. Raja Muniyammal

14. P. Marimuthu 1/7

15. P. Ayyappan

16. M. Dinesh

17. T. Pandian

18. J. Eswari

19. S. Ajay

20. R. Dinesh ... Petitioners Vs

1. The State of Tamilnadu Rep., By, the Inspector General of Police, South Zone, Madurai District.

2. The Superintendent of Police, Virudhunagar, Virudhunagar District.

3. The Deputy Superintendent Of Police, District Crime Branch, Virudhunagar, Virudhunagar District.

4. The Inspector of Police, District Crime Branch, Virudhunagar, Virudhunagar District (Crime No. 1 of 2024).

... Respondents PRAYER: Criminal Original petition has been filed under Section 528 of BNSS to direct the respondents 1 and 2 to monitor the investigation in Crime No. 1 of 2024 pending on the file of the 4th respondent police, and transfer to a competent officer not below the rank of Superintendent of Police to conduct a fair and proper investigation and file a final report 2/7

within the time stipulated by this Court.

For Petitioner : Mr.Mareeshkumar.E., For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking a direction to the respondents 1 and 2 to monitor the investigation in Crime No. 1 of 2024 pending on the file of the fourth respondent police and transfer to a competent officer not below the rank of Superintendent of Police to conduct a fair and proper investigation and file a final report. 2.The learned Counsel appearing for the petitioners would submit that these petitioners are the victims and the accused obtained money by promising to arrange a job, thereby, an FIR has been registered and thereafter, no effective steps have been taken to investigate the matter. Even, till now the accused has not been arrested. Hence this petition. 3/7

3.The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that based on the complaint lodged by the petitioners, the respondent police registered an FIR in Crime NO.1 of 2024. Meanwhile, the accused has approached this Court seeking anticipatory bail and this Court has entrusted the investigation to Deputy Superintendent of Police, Virudhunagar. Now, the Assistant Superintendent of Police, Virudhunagar is conducting investigation and he already arrested 19 accused persons and still they are searching for two accused persons. In this case, the investigation is going on in a proper manner. Therefore, at this stage, if the case is transferred to some other agency, it will affect the fair investigation. Hence, he prayed to dismiss this petition.

4.Considering the prayer sought for in this petition and the investigation is also conducted by the Assistant Superintendent of Police, Virudhunagar and also 19 accused persons were arrested and still the respondent police are searching for two accused persons and the investigation is going on in a proper manner, transfer of investigation will cause unnecessary delay.

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5.Recording the above said submission, this Criminal Original Petition is closed with a direction to the second respondent to monitor the investigation. The present investigating officer is also directed to conduct a fair investigation and file a final report as early as possible without delay.

28.04.2025 Internet :Yes Index :Yes/No NCC :Yes/No LR To

1. The State of Tamilnadu Rep., By, the Inspector General of Police, South Zone, Madurai District.

2. The Superintendent of Police, Virudhunagar, Virudhunagar District.

3. The Deputy Superintendent Of Police, District Crime Branch, Virudhunagar, Virudhunagar District.

4. The Inspector of Police, District Crime Branch, Virudhunagar, Virudhunagar District (Crime No. 1 of 2024).

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

copy to The Assistant Superintendent of Police, Virudhunagar.

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P. DHANABAL, J.

LR 28.04.2025 7/7