Madras High CourtCRL OP(MD)/12883/2025disposed of

Kannan v. The District Superintendent Of Police,

2026-02-04Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2026

CORAM:

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

1.The District Superintendent of Police, Office of the Superintendent of Police, Sivagangai District - 630562.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Manamadurai - 630606.

3.The Inspector of Police, Manamadurai Police Station, Sivagangai District - 630606.

4.The Deputy Superintendent of Police, Crime Branch Crime Investigation Department, Madurai - 625 002.

(Crime No.17/2024) ... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023 to pass an order, to transfer the Investigation in Crime No.183 of 2025, from the file of 3rd respondent to the 4th respondent for conduct fair and impartial investigation in accordance with law and consequently direct to file same investigation improvement reports before this Court in periodic manner based on the petitioner's representation on 03.07.2025 within a stipulated time that may be fixed by this Court.

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For Petitioner : Mr.R.Senthilkumar For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.side)

ORDER

This criminal original petition is filed to transfer the Investigation in Crime No.183 of 2025, from the file of 3rd respondent to the 4th respondent for conduct fair and impartial investigation in accordance with law and consequently direct to file same investigation improvement reports before this Court in periodic manner based on the petitioner's representation on 03.07.2025 within a stipulated time that may be fixed by this Court.

2. The learned counsel for the petitioner submitted that at the instance of the petitioner, First Information Report in Crime No.183 of 2025 was registered by the 3rd respondent police with respect to the accidental death of the petitioner's father, who was killed by a lorry bearing Vehicle No.TN 63BT-4048, for the offences under Sections 296(b), 132 and 303(2) of BNS, 2023 and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957. However, the respondent police is trying to give a different picture that the accident happened due to the rash and negligent driving of the deceased himself. Hence, this petition.

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3. The learned Government Advocate(Crl.Side) submitted that the investigation is still pending.

4. Heard the learned counsels on either side and carefully perused the materials available on record.

5 In view of the above, the 2nd respondent is directed to take up the investigation and conclude the same within a period of four (4) weeks from the date of receipt of copy of this order and further directed to apprise the progress of the investigation to the 1st respondent every Friday. The 1st respondent is directed to monitor the investigation conducted by the 2nd respondent.

6. With the above directions, this Criminal Original Petition is allowed. 04.02.2026 NCC : Yes / No Index : Yes / No gbg 3/5

TO:- 1.The District Superintendent of Police, Office of the Superintendent of Police, Sivagangai District - 630562.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Manamadurai - 630606.

3.The Inspector of Police, Manamadurai Police Station, Sivagangai District - 630606.

4.The Deputy Superintendent of Police, Crime Branch Crime Investigation Department, Madurai - 625 002.

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

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L.VICTORIA GOWRI, J.

gbg Order made in Dated 04.02.2026 5/5