Murugesan v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :25.06.2025 CORAM :
THE HON'BLE MR.JUSTICE B.PUGALENDHI and Crl MP(MD)Nos.8041 and 8042 of 2025 in CrlOP(MD)No.10702 of 2025 Murugesan ... Petitioner Vs.
1.The State of Tamil Nadu rep by The Superintendent of Police, [in Crime No.207 of 2023]
...Respondents
Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the 1st respondent to transfer the investigation in Crime No.207 of 203 on the file of the 2nd respondent police to the 3rd respondent.
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in CrlOP(MD)No.10703 of 2025 Thangaselvan ... Petitioner Vs.
1.The State of Tamil Nadu rep by The Superintendent of Police, [in Crime No.87 of 2024]
...Respondents
Prayer : Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, to direct the 1st respondent to transfer the investigation in Crime No.87 of 2024 on the file of the 2nd respondent police to the 3rd respondent.
For Petitioner : Mr.C.Muthu Saravanan For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.
ORDER
The petitioners claiming to be the tenants of agricultural lands have approached this Court that their complaints registered in Crime Nos.207 of 2023 and 87 of 2024 have not been investigated by the respondent police, seek to transfer those cases to CBCID. 2/6
2.The learned Counsel for the petitioners by referring the proceedings initiated by the petitioners before the Human Rights Commission as against the Sub Inspector of Police, Pavoor Chatram Police Station submits that since the petitioners have initiated action, the respondent police are not conducting investigation in their complaints. 3.The learned Additional Public Prosecutor on instructions submits that the case in Crime No.207 of 2023 is under investigation and the case in Crime No.87 of 2024 has been closed as mistake of fact and final report has also been filed before the learned Judicial Magistrate, Tenkasi on 21.06.2025 and it is yet to be taken on file. He fairly admits that the RCS notice is yet to be served to the petitioner. 4.This Court considered the rival submissions made. 5.The petitioners claiming be cultivating tenants lodged complaints against the land owner. The petitioners have initiated proceedings as against the Sub Inspector of Police of Pavoorchathiram Police Station before the Human Rights Commission and the same is pending in SHRC 3/6
No.3836/22/58/2023. The petitioners are having grievance that the cases registered in the year 2023 and 2024 have not reached its finality. The respondent police, who conducted the investigation have filed the final report in the case registered in the year 2024 but have not concluded the investigation in the case registered in the year 2023. For all these reasons, the petitioners apprehend that the respondent police may not conduct investigation in their cases.
6.Considering the facts and circumstances of the case, this Court directs the 1st respondent to transfer the case in Crime No.207 of 2023 from the 2nd respondent police to some other sincere investigating officer and ensure that the investigation is conducted in a fair and an unbiased manner and concluded in a stipulated time.
Accordingly CrlOP(MD)No.10702 of 2025 is disposed of in the above terms.
7.Insofar as Crime No.87 of 2024 is concerned, it is claimed that after completion of investigation the final report has been filed before the learned Judicial Magistrate, Tenkasi on 21.06.2025 and it is yet to be taken on file. The petitioner is at liberty to work out his remedy in the 4/6
manner known to law. The respondent police shall furnish a copy of the closure report to the petitioner.
Accordingly CrlOP(MD)No.10703 of 2025 is closed. Consequently connected miscellaneous petitions are closed. 25.06.2025 DSK To 1.The Superintendent of Police, 3 .The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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B.PUGALENDHI,J DSK 25.06.2025 6/6