Chandran v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Chandran ... Petitioner versus

1. The State of Tamil Nadu, Rep. by The Superintendent Police, Virudhunagar District, Virudhunagar.

2. The Superintendent of Police, Srivilliputhur, Virudhunagar District.

3. The Inspector of Police, Watrap Police Station, Virudhunagar District.

... Respondents Criminal Original Petition filed under Section 528 BNSS to direct the 1st respondent to transfer the investigation in Crime No.109 of 2025 dated 05.06.2025 pending on the file of the 3rd respondent Police and to be investigated by the 2nd respondent or any other investigation officer other than that of 3rd respondent herein. 1/5

For Petitioner : Mr.S.Sarvagan Prabhu For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor

ORDER

The petitioner's daughter Pooja was married to one Pandikumar on 19.05.2024. She died in a suspicious manner in a pond on 04.05.2025. On the complaint of the petitioner's wife, a case has been registered in Crime No.109 of 2025 under Section 194(3) of BNSS on the file of the 3rd respondent. However, the respondent Police has not proceeded with the investigation and has not taken any steps to find out the real reason for the death and whether there is any motive for suicide. Therefore, the petitioner has filed this petition seeking transfer of investigation from the file of the 3rd respondent to the 2nd respondent.

2. The learned Additional Public Prosecutor submits that the investigation in Crime No.109 of 2025 is at the initial stage. The respondent Police has not yet received the postmortem certificate, viscera report and also the report of the Revenue Divisional Officer. 2/5

Depending upon the above reports, further course of action would be taken by the respondent Police.

3. This Court considered the rival submissions made.

4. The alleged occurrence had taken place only on 04.05.2025. The petitioner's wife set the law in motion, by lodging a complaint, which was registered in Crime No.109 of 2025 under Section 194(3) BNSS. The respondent Police claims that they have not yet received the postmortem certificate, viscera report and RDO report. Therefore, this Court cannot expect any further progress without these basic materials.

5. The respondent Police shall ensure that these documents are collected within a reasonable time and proceed with the investigation depending upon these documents. The investigation is to be monitored by the jurisdictional Deputy Superintendent of Police. Therefore, at this 3/5

stage, this Court is not inclined to transfer the investigation. With a hope that the respondent Police would conduct the investigation in a fair and proper manner, this Criminal Original Petition is closed. 02.07.2025 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To

1. The Superintendent Police, Virudhunagar District, Virudhunagar.

2. The Superintendent of Police, Srivilliputhur, Virudhunagar District.

3. The Inspector of Police, Watrap Police Station, Virudhunagar District.

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

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B.PUGALENDHI, J.

ogy 02.07.2025 5/5