Madras High CourtCRL OP(MD)/7764/2026disposed of

Rahumath Ali v. The State Of Tamilnadu

2026-04-21Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 21.04.2026

CORAM

THE HONOURABLE MR. JUSTICE B.PUGALENDHI CRL OP(MD)No.7764 of 2026 Rahumath Ali ... Petitioner Vs.

1.The Superintendent of Police, O/o.The Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Thalaiyuthu Sub-Division, Tirunelveli District.

3.The Inspector of Police, O/o.The Inspector of Police, Gangaikondan Police Station, Tirunelveli District.

... Respondents Prayer: Petition filed under Section 528 of BNSS, to direct the first respondent to withdraw and transfer the case in Crime No.187 of 2026 from the third respondent to the second respondent. For Petitioner :

Mr.B.Kaleeswaran For Respondents :

Mr.R.Meenakshi Sundaram, Additional Public Prosecutor 1/5

ORDER

The petitioner has filed this petition to direct the first respondent to withdraw and transfer the FIR in Crime No.187 of 2026 from the file of the third respondent to the file of the second respondent.

2. The grievance of the petitioner is that the respondent Police has not proceeded with the investigation; investigated the petitioner / defacto complainant; and arrested the accused till date.

3. The learned Additional Public Prosecutor appearing for the respondent Police submits that the case was registered only on 25.03.2026. All the police officers, including the Investigation Officer in Crime No.187 of 2026 on the file of the third respondent Police has been deployed to election duty. That apart, a counter complaint is pending as against this petitioner and a civil dispute is also pending between the parties and therefore, they have to examine all these materials and then only, they have to proceed with the case.

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4. This Court considered the rival submissions made and perused the records placed before this Court.

5. On the grounds raised by the petitioner, this Court is not inclined to transfer the investigation at this stage. Since the petitioner has expressed certain grounds and apprehends that appropriate investigation would not be conducted, the second respondent / Deputy Superintendent of Police, Thalaiyuthu Sub Division, Tirunelveli District, shall monitor the investigation on the complaint of this petitioner and the counter complaint as against this petitioner and ensure that the same is conducted in an appropriate manner. It is made clear that the process of investigation is to find out the truth and the investigation must be an unbiased one.

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

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To 1.The Superintendent of Police, O/o.The Superintendent of Police, Tirunelveli District.

2.The Deputy Superintendent of Police, O/o.The Deputy Superintendent of Police, Thalaiyuthu Sub-Division, Tirunelveli District.

3.The Inspector of Police, O/o.The Inspector of Police, Gangaikondan Police Station, Tirunelveli District.

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

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B.PUGALENDHI, J.

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