R.Karuppaiah v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2025 CORAM :

THE HON`BLE MR.JUSTICE B.PUGALENDHI Crl.OP(MD)No.11052 of 2025 R.Karuppaiah ... Petitioner Vs 1.The Superintendent of Police, O/o the Superintendent of Police, Ramanathapuram District, Ramanathapuram 2.The Deputy Superintendent of Police, O/o the Deputy Superintendent of Police, Mudukulathur, Ramanathapuram District.

3.The Inspector of Police, S.P.Pattinam Police Station, Ramanathapuram District.

Crime No.28 of 2025

...Respondents

Prayer : Criminal Original Petition filed under Section 528 of BNSS, to issue a direction, directing the first respondent to transfer the investigation in Crime No.28 of 2025, dated 13.03.2025 registered under Section 294(b), 115(2), 105 of BNS Act, 2025, on the file of the third respondent and entrust the same to the second respondent or any other 1/5

competent officer, by considering the petitioner's representation, dated 21.04.2025, within the time stipulated by this Court. For Petitioner : Mr.T.Thirumurugan For Respondents : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

O R D E R

The petitioner is the defacto complainant in Crime No.28 of 2025. The petitioner with a grievance that the respondent police has not conducted proper investigation in the above case has filed this application, seeking a direction to transfer the case from the file of the third respondent to some other investigating agency. 2.Mr.E.Antony Sahaya Prabahar, learned Additional Public Prosecutor, who takes notice for the respondents submits that the investigation in Crime No. 28 of 2025 has already been completed and final report has also been filed before the Judicial Magistrate Court, Tiruvadanai on 22.06.2025.

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3.The petitioner is entitled to collect a copy of the final report from the respondent police and to ascertain as to whether the investigation has been conducted in a proper manner or not. In the event, if any of the offense has been omitted or any of the accused has been deleted, then the petitioner is having a remedy before the concerned Judicial Magistrate Court to file a protest petition. Since the petitioner is having an effective and alternative remedy before the learned Judicial Magistrate and also considering the fact that the investigation has already been completed and the final report has also been filed, this petition is closed with the above liberty.

01.07.2025 NCC : Yes/No Index : Yes/No vrn 3/5

To 1.The Superintendent of Police, O/o the Superintendent of Police, Ramanathapuram District, Ramanathapuram 2.The Deputy Superintendent of Police, O/o the Deputy Superintendent of Police, Mudukulathur, Ramanathapuram District.

3.The Inspector of Police, S.P.pattinam Police Station, Ramanathapuram District.

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B.PUGALENDHI,J vrn Order made in Crl.OP(MD)No.11052 of 2025 01.07.2025 5/5