Muthukumaran v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 02/02/2026

CORAM

THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI Muthukumaran ... Petitioner Vs

1. The Superintendent of Police, Theni District, Theni.

2. The Deputy Superintendent Of Police, Bodinayakkanur, Theni District.

3. The Inspector of Police, Bodinayakkanur Town Police Station, Theni District. Crime No. 405/2023. ... Respondents PRAYER :- To direct the 1st respondent to transfer the investigation in Crime No. 405 of 2023 dt. 10.09.2023 on the file of the 3rd respondent police to some other impartial investigating agency like CBCID. For Petitioner : Mr. S.Balaji, Advocate.

For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) 1/5

ORDER

This Criminal Original Petition is filed to direct the first respondent to transfer the investigation in Crime No. 405 of 2023 dated 10.09.2023 on the file of the third respondent police to some other impartial investigating agency like CBCID.

2. Learned counsel for the petitioner submitted that the petitioner is the defacto complainant who had lodged a complaint before the third respondent police with regard to the suspicious death of his cousin sister namely Vijayalakshmi in her house, who is a spinster. A case in Crime No.405 of 2023 was registered for the offences under Sections 174 of Cr.P.C., by the third respondent police. Since there was no progress in the investigation of the case, the present petition is filed seeking transfer of investigation.

3. Learned Government Advocate (Crl.side) submitted that the deceased had fallen from the cot while she was asleep and sustained injury in her head and thereby succumbed to death. After investigation 2/5

the case was closed as action dropped and RCS notice is said to be served on the petitioner.

4. Learned counsel for the petitioner categorically contended that it is ridiculous as to how the respondent police could come to a conclusion that the deceased had died by self falling from a cot and he insisted that the investigation should be directed to be continued.

5. In view of the submission, the third respondent police is directed to further proceed with the investigation with respect to the alleged involvement of one Jeyakrishna Dheetchithar, who had tried to occupy the property of the deceased. The first respondent is directed to monitor the investigation and the and the third respondent is directed to proceed with the investigation and conclude the same within a period of four weeks from the date of receipt of a copy of this order. The third respondent is directed to appraise the progress in the investigation every Friday to the first respondent.

3/5

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

02.02.2026 NCC : yes / no Index : yes / no Internet : yes /no pnn To

1. The Superintendent of Police, Theni District, Theni.

2. The Deputy Superintendent Of Police, Bodinayakkanur, Theni District.

3. The Inspector of Police, Bodinayakkanur Town Police Station, Theni District. Crime No. 405/2023.

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

4/5

L. VICTORIA GOWRI, J pnn

ORDER

IN CRL OP(MD) No.10995 of 2024 Date : 02/02/2026 5/5