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Madras High CourtCRL OP(MD)/7729/2025closed

Dr.Kumaresan v. The State Of Tamil Nadu Rep.By

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 Kumaresan ... Petitioner Vs

1. The State of Tamil Nadu Rep., By, the Superintendent of Police, Karaikudi, Sivagangai District.

2. The Deputy Superintendent Of Police, Karaikudi, Sivagangai District.

3. The State of Tamilnadu Rep.By, The Inspector of Police, Karaikudi South Police Station, Sivagangai (In Crime No.204 of 2024). ... Respondents PRAYER: Criminal Original petition has been filed under Section 528 of BNSS to issue a Direction, directing the first respondent to withdraw the case in Crime No.204 of 2024 from the respondent No.3 and transfer to some other competent agency.

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For Petitioner : Mr.Abudul Kabour.A, 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 first respondent to withdraw the case in Crime NO.204 of 2024 from the third respondent and transfer to some other competent agency. 2.When the matter is taken up for hearing, the learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the previous investigating officer investigated this case and in the mean time, he was transferred to some other place. Thereafter, now a new investigating officer was appointed and he conducted the investigation and completed the same and is ready to file final report. Therefore, at this stage, transfer of investigation would not arise.

3.Considering the prayer sought for in this petition and the 2/5

investigation is also completed and the previous investigating officer was transferred and now, the case has been investigated by the present investigating officer and there are no any specific allegations against the investigating officer and the allegations are only against the previous officer and now, the investigation has been completed by the present investigating officer, therefore, at this stage, transfer of investigation would not arise.

4.Since the investigation has been completed, the third respondent is directed to file final report, within a period of one month from the date of this order.

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

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

To

1. The State of Tamil Nadu Rep., By, the Superintendent of Police, Karaikudi, Sivagangai District.

2. The Deputy Superintendent Of Police, Karaikudi, Sivagangai District.

3. The State of Tamilnadu Rep.By, The Inspector of Police, Karaikudi South Police Station, Sivagangai (In Crime No.204 of 2024).

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

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P. DHANABAL, J.

LR 28.04.2025 5/5