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Madras High CourtCRL OP(MD)/12688/2025allowed

Sabeena v. The State Of Tamilnadu Rep.By

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 Sabeena ... Petitioner Vs.

1.The State of Tamil Nadu, The Superintendent of Police, Thoothukudi District.

2.The State of Tamil Nadu, The Deputy Superintendent of Police, Srivaigundam Sub Division, Thoothukudi.

3.The State of Tamil Nadu, The Inspector of Police, Alwarthirunagari Police Station, Thoothukudi District.

(Crime No.17/2024) ... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023 to pass an order, to direct the 1st respondent to transfer the investigation in Cr.No.17 of 2024 on the file of the 3rd respondent to any other competent officer or CBCID specialized agency in order to conduct proper investigation and cull out the truth. For Petitioner : Mr.S.Vishnuvardhan 1/5

For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.side)

ORDER

This criminal original petition is filed to direct the 1st respondent to transfer the investigation in Cr.No.17 of 2024 on the file of the 3rd respondent to any other competent officer or CBCID specialized agency in order to conduct proper investigation.

2. The learned counsel for the petitioner submitted that the petitioner is the defacto complainant on whose instance Crime No.17 of 2024 was registered by the 3rd respondent police on 19.02.2024 with respect to the theft of 91 sovereigns gold when the petitioner had gone away from home to attend a funeral on 17.02.2024. In this regard, though F.I.R has been registered for the offences under Sections 454, 457 and 380 IPC against unknown persons, there is no progress in the investigation.

3. This court has seen the tendency of the various Investigating Officers of Law and Order Police Station to file a report before this Court that though they have managed to secure the accused, they are not able to detect or secure 2/5

the stolen articles, giving explanation that the stolen articles have already been sold off by the accused persons. However, in the case in hand, the situation is even pathetic that the accused person is not at all detected so far, even after a lapse of two years. Hence, I find it necessary to interfere to withdraw the investigation from the file of the 3rd respondent and transfer to the Inspector of CBCID, Thoothukudi District. The Inspector of CBCID, Thoothukudi District is directed to conclude the investigation within a period of three (3) months from the date of receipt of copy of this order.

4. 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 Superintendent of Police, Thoothukudi District.

2.The Deputy Superintendent of Police, Srivaigundam Sub Division, Thoothukudi.

3.The Inspector of Police, Alwarthirunagari Police Station, Thoothukudi District.

4.The Inspector of Police, CBCID, Thoothukudi District.

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

4/5

L.VICTORIA GOWRI, J.

gbg Order made in Dated 04.02.2026 5/5