K.Kaliammal v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2025 CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI and Crl.M.P.(MD)No.9127 of 2025 K.Kaliammal ... Petitioner Vs.
1.The Superintendent of Police, O/o. The Superintendent of Police, Madurai District, Madurai.
2.The Deputy Superintendent of Police, O/o.the Deputy Superintendent of Police, Peraiyur, Madurai District.
3.The Inspector of Police, T.Kallupatti Police Station, Madurai District.
(Crime No.235 of 2024) ... Respondents Prayer : Criminal Original Petition filed under Section 528 BNSS, to direct the first respondent to transfer the investigation in Crime No.235 of 2024 dated 28.10.2024 registered under Sections 107(2) BNS Act, 2023 and r/w Section 3(2)(v) SC/ST Act and entrust the same to the second respondent on any other competent Officer with the time framed by this Court.
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For Petitioner : Mr.T.Thirumurgan For Respondents : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.
ORDER
The petitioner's son died in a suspicious circumstances and therefore, the petitioner, with an apprehension that her son might have been murdered, has lodged a complaint. The respondent Police has not conducted the investigation in a proper manner and therefore, the petitioner filed the present petition seeking transfer of investigation in Cr.No.235 of 2024 from the file of the third respondent to the file of the second respondent or any other competent Officer. 2.The learned counsel appearing for the petitioner submits that the petitioner's son was found dead in a suspicious circumstances on 28.10.2024. He was found missing for two days prior to the occurrence. The petitioner claims that the deceased's wife is having illegal relationship with one Velmurugan and therefore, according to the petitioner, her daughter-in-law along with said Velmurugan might have 2/6
murdered her son. However, the respondent Police has not conducted proper investigation. The petitioner has also disputed the manner in which the case has been registered under Section 194 BNSS. 3.The learned Additional Public Prosecutor appearing for the respondents submits that the investigation has almost been completed and they have also added the said Velmurugan and daughter-in-law of the petitioner as accused. However, the final report is yet to be filed for want of chemical analysis report.
4.This Court has considered the submissions made on either side and perused the available records.
5.The petitioner claims that her son was found missing on 26.10.2024 and later, he was found dead in a suspicious circumstances. Though the case was registered on 28.10.2024, it appears that the investigation has not been completed and the respondent Police claims that the chemical analysis report is awaited. However, the learned Additional Public Prosecutor is not having the date as to when the request for chemical analysis was made.
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6.In view of the above, this Court directs the second respondent to monitor the investigation in Cr.No.235 of 2024. The third respondent Police is directed to furnish copies of the postmortem report, viscera report and chemical analysis report to the petitioner. Depending upon the outcome of the final report, the petitioner is still having the remedy, if the investigation has not been conducted properly. Accordingly, this criminal original petition is closed. Consequently, connected miscellaneous petition is closed.
15.07.2025 NCC : Yes/No Index : Yes/No Internet:Yes gns 4/6
To 1.The Superintendent of Police, O/o. The Superintendent of Police, Madurai District, Madurai.
2.The Deputy Superintendent of Police, O/o.the Deputy Superintendent of Police, Peraiyur, Madurai District.
3.The Inspector of Police, T.Kallupatti Police Station, Madurai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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B.PUGALENDHI,J gns 15.07.2025 6/6