Sankara Avudaiyammal v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.10.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.8320 of 2025 Sankara Avudaiyammal ... Petitioner/Defacto complainant Vs.

1. The Superintendent of Police, Thoothukudi District.

2. The Deputy Superintendent Of Police, Vilathikulam Subdivision, Thoothukudi District.

3. The Inspector of Police, Vialthikulam Police Station, Thoothukudi District.

Crime No.160 of 2017

...Respondents/complainant

Prayer : Criminal Original Petition is filed under Section 482 of Cr.P.C., to transfer the investigation regard to the Crime No.160 of 2017, pending on the file of the 3rd Respondent to some other competent investigation agency. For Petitioners : M/s.S.Ayyanar Prem Kumar For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor 1/4

ORDER

The petitioner seeks the transfer of the investigation in Crime No.160 of 2017 from the file of the third respondent to some other competent investigation agency.

2.According to the petitioner, he had lodged a complaint stating that his house was broken open and 37 sovereigns of gold jewels, cash of Rs.7,000/- and silver articles were stolen by the accused and that the respondent police had not taken any steps to recover the stolen articles and therefore, the investigation needs to be transferred.

3. This Court had an earlier occasion directed the respondent police to file a counter affidavit and explain as to why the case was closed as action dropped. The respondents have now filed a counter affidavit explaining the steps taken by them to find out the offender and since they were unable to trace the culprit, the case was temporarily closed as undetected and that RCS notice was served to the petitioner.

4.There cannot be any temporary closure of any case in a case of this nature. The respondent police shall keep the investigation pending and shall 2/4

take further action. Therefore, the closure of the complaint is set aside. The third respondent shall continue the investigation and the second respondent shall monitor the investigation conducted by the third respondent. 5.With the above observation, this Criminal Original Petition is disposed of.

16.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No cp To

1. The Superintendent of Police, Thoothukudi District.

2. The Deputy Superintendent Of Police, Vilathikulam Subdivision, Thoothukudi District.

3. The Inspector of Police, Vialthikulam Police Station, Thoothukudi District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

SUNDER MOHAN, J.

cp Crl.O.P.(MD).No.8320 of 2025 16.10.2025 4/4