Madras High CourtWP Crl.(MD)/969/2025disposed of

M.Pavani v. The Superintendent Of Police

2025-08-18Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2025

CORAM

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Writ Petition Criminal (MD) No.969 of 2025 and W.M.P(MD)No.251 of 2025 M.Pavani ..Petitioner Vs.

1.The Superintendent of Police Office of the Superintendent of Police, Ramanathapuram.

2.The Inspector of Police, Keelathooval Police Station, Ramanathapuram District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the first respondent to appoint a competent police officer to investigate the case in Crime No.77 of 2021 registered on the file of the second respondent and find out the accused and the vehicle involved in the crime within the time stipulated by this court. For Petitioner : Mr.S.Malaikani For Respondents : Mr.E.Antony Sahaya Prabahar Addl. Public Prosecutor 1/6

ORDER

The petitioner's son met with an accident on 28.03.2021 and suffered serious injuries. The petitioner lodged a complaint before the respondent police on 29.03.2021. Alleging that the respondent police had not conducted the investigation in a proper manner, the petitioner approached this Court and filed a petition in Crl.O.P. (MD)No.5272 of 2022, seeking a direction to appoint another police officer to investigate Crime No.77 of 2021.

2. When the said petition was taken up for hearing, the learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the second respondent had already concluded the investigation and filed a refer charge sheet before the learned Judicial Magistrate, Mudhukulathur, on 03.04.2022, which had been closed as "undetected" on 05.04.2022. Recording the said submission, this Court dismissed the earlier petition, granting liberty to the petitioner to file a protest petition before the jurisdictional Magistrate.

3. Thereafter, the petitioner filed an application before the learned Judicial Magistrate, Mudhukulathur, seeking a copy of the 2/6

final report in the above crime. However, by order dated 28.07.2025, the learned Judicial Magistrate returned the application on the ground that no final report had been filed in Crime No.77 of 2021. In these circumstances, the petitioner has filed the present application seeking transfer of investigation from the second respondent to another officer.

4. The learned Additional Public Prosecutor now submits that though the investigation was completed on 31.03.2022, the final report was filed before the concerned Court only on 17.08.2025 through e-filing.

5. This Court has carefully considered the rival submissions.

6. The petitioner, being a victim of the accident, lodged his complaint on 29.03.2021. Though the respondent police claim that the investigation was completed on 31.03.2022, the final report was admittedly not filed at that time. On the earlier occasion, a specific representation was made before this Court that a refer charge sheet had been filed on 03.04.2022 and the same was closed as "undetected" on 05.04.2022. However, today, it is represented that the investigation was concluded only on 31.03.2022 and that the final 3/6

report was filed belatedly on 17.08.2025. This clearly shows that a false representation was made before this Court earlier, which has compelled the petitioner to once again approach this Court for the same relief.

7. Considering the manner in which the petitioner, a victim, has been unnecessarily made to pursue repeated proceedings in Crime No. 77 of 2021, this Court directs the Superintendent of Police, Ramanathapuram District, to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) as compensation to the petitioner. The Superintendent of Police shall be at liberty to recover the said amount from the erring officials responsible. The Superintendent of Police shall also ensure that such lapses are not repeated in future, so that victims of crime are not forced to approach this Court repeatedly.

8. Since it is now reported that the final report has been filed before the learned Judicial Magistrate, Mudhukulathur, the respondent police are directed to furnish a copy of the same to the petitioner forthwith, enabling him to work out his remedy before the concerned Court. It is open to the petitioner to file appropriate objections/protest petition before the learned Judicial Magistrate in accordance with law.

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9. This writ petition is disposed of accordingly. Consequently, connected miscellaneous petition is closed.

18.08.2025 NCC : Yes/No Index : Yes/No Internet:Yes skn To 1.The Superintendent of Police Office of the Superintendent of Police, Ramanathapuram.

2.The Inspector of Police, Keelathooval Police Station, Ramanathapuram District.

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

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B.PUGALENDHI, J.

skn Writ Petition Criminal (MD) No.969 of 2025 and W.M.P(MD)No.251 of 2025 18.08.2025 6/6