Mohideen Bathusha v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.06.2025 CORAM :

THE HON'BLE MR.JUSTICE B.PUGALENDHI Mohideen Bathusha ... Petitioner Vs.

1.The State of Tamil Nadu, represented by The Director General of Police, Office of the Director General of Police, Chennai.

2.The Inspector General of Police, South Zone, Madurai District.

3.The Commissioner of Police, Tirunelveli City, Tirunelveli 4.The Inspector of Police, Melapalayam Police Station, Tirunelveli District, Crime No.90 of 2025 5.The Inspector of Police, CBCID Wing, Tirunelveli District.

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to transfer the investigation in Crime No.90 1/5

of 2025 from the file of the 4th respondent to the file of the 5th respondent and consequently direct the 5th respondent to conduct proper investigation in an expeditious manner and to file the final report within the stipulated period as prescribed by this Court. For Petitioner : Mr.Dhilipan Pandian. RL For respondents : Mr.E.Antony Sahaya Prabahar Government Advocate (Crl. Side)

ORDER

The petitioner has lodged a complaint before the respondent police that he was assaulted by the accused in Crime No.90 of 2025. The petitioner has filed this petition to transfer the investigation in Crime No.90 of 2025 from the respondent police to some other investigating agency that there is no progress in the investigation and they have not registered the case against all the accused.

2.The learned Additional Public Prosecutor appearing for the respondent police on instructions submits that based on the complaint of the petitioner the case in Crime No.90 of 2025 has been registered on 24.03.2025 and the investigation is in initial stage. 2/5

3.This Court considered the rival submissions made. 4.The grievance of the petitioner is that the respondent police have not registered the case as against all accused and they have not been arrested. It is seen that case has been registered on 24.03.2025 only. The petitioner, if he is having any materials as against others, apart from the named accused in the FIR, shall furnish the same to the investigating officer through registered post. The respondent police shall conduct the investigation in a proper manner. In the event the respondent police do no conduct proper investigation, he is having remedy under the provisions of Bharatiya Nagarik Suraksha Sanhita. 5.Considering the grievance of the petitioner, the Deputy Commissioner of Police, Tirunelveli concerned is directed to monitor the investigation in Crime No.90 of 2025 on the file of the respondent police. Accordingly this petition is disposed of. 11.06.2025 DSK 3/5

To 1.The Director General of Police, Office of the Director General of Police, Chennai.

2.The Inspector General of Police, South Zone, Madurai District.

3.The Commissioner of Police, Tirunelveli City, Tirunelveli 4.The Inspector of Police, Melapalayam Police Station, Tirunelveli District, Crime No.90 of 2025 5.The Inspector of Police, CBCID Wing, Tirunelveli District.

6.The Deputy Commissioner of Police, Tirunelveli City.

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

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B.PUGALENDHI,J DSK 11.06.2025 5/5