Madras High CourtCRL OP(MD)/7965/2025disposed of

Sulaiman v. The State Of Tamil Nadu

2025-04-29Honourable Mr. Justice P.Dhanabal5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 29.04.2025

CORAM:

THE HON'BLE MR.JUSTICE P. DHANABAL Sulaiman .. Petitioner Vs.

1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, District Crime Branch-II, Madurai District.

3.The Inspector of Police, District Crime Branch-II, Madurai District.

.. Respondents Prayer : Petition is filed under Section 528 of BNSS to direct the first respondent to withdraw the case in Crime No.7 of 2024 on the file of the third respondent and entrust the same to any other agency like CBCID or any other investigating agency in the rank of the Deputy Superintendent of Police for complete the investigation and file charge sheet in accordance with law within the time stipulated by this Court For Petitioner : Mr.B.Dhanasekaran 1/5

For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.side)

ORDER

This petition has been filed to direct the first respondent to withdraw the case in Crime No.7 of 2024 on the file of the third respondent and entrust the same to any other agency like CBCID or any other investigating agency in the rank of the Deputy Superintendent of Police for complete the investigation and file charge sheet in accordance with law within the time stipulated by this Court.

2. The learned counsel appearing for the petitioner submits that the petitioner is the defacto complainant in Crime No.7 of 2024. The third respondent registered an FIR on 20.09.2024 and it is almost 7 months, but, so far, they have not taken any progressive steps in securing the accused persons. Hence, the present petition.

3. The learned Government Advocate (Crl.side) appearing for the respondents, on instructions, submits that there are totally 5 accused in this case, they formed a special team to secure A2 and 16 witnesses were 2/5

examined so far. He further submits that the third respondent is conducting a fair investigation.

4. In view of the above submission, there is no specific allegation against the investigating officer and the investigating officer has already examined 16 more witnesses and also, they formed a special team to secure A2 and investigation is going on in a fair manner. Therefore, transfer of investigation is not appropriate at this stage. However, the investigating officer is directed to complete the investigation and file a final report in Crime No.7 of 2024 within a period of two months from the date of receipt of a copy of this order.

5. Accordingly, this Criminal Original Petition is disposed of. 29.04.2025 NCC : Yes/No Index : Yes/No Rmk 3/5

To:

1.The Superintendent of Police, Office of the Superintendent of Police, Madurai District.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, District Crime Branch-II, Madurai District.

3.The Inspector of Police, District Crime Branch-II, Madurai District.

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

4/5

P. DHANABAL ,J.

Rmk 29.04.2025 5/5