Senthil Vadivelan v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2025
CORAM
THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.14479 of 2025 Senthil Vadivelan ... Petitioner/Defacto Complainant Vs.
1.The Director General of Police, Office of the Director General of Police, Dr.Radhakrishnan Salai, Mayilapore, Chennai.
2.The Inspector General of Police, Office of the CBCID, Crime Branch Crime Investigation Department, Panthome Road, Egmore, Chennai - 08.
3.The Inspector General of Police, South Zone, O/o/Inspector General of Police, Race Course Road, Madurai.
4.The Superintendent of Police, Office of the Superintendent of Police, Virudhunagar District, 5.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, 1/6
6.The Inspector of Police, CBCID, 7.The Inspector of Police, Krishnan Kovil Circle, 8.The Inspector of Police, Malli Police Station, Sivakasi,
...Respondent Nos.1 to 8/Respondents
9.A.Saravana Raja
...Respondent No.9/Accused
Prayer : Criminal Original Petition is filed under Section 528 of BNSS, to transfer the investigation in Crime No.28 of 2020 on the file of the Inspector of Police, Malli Police Station, Malli, Sivakasi/8th respondent to CBCID, Virudhunagar/6th respondent for fair investigation to secure the ends of justice. For Petitioner : Mr.S.Bhuvaneswari For R1 to R8 : Mr.R.Meenakshi Sundaram Additional Public Prosecutor
ORDER
This petition has been filed seeking transfer of the investigation in Crime No.28 of 2020 from the file of the eighth respondent to the sixth respondent, for the purpose of conducting a fair investigation. 2/6
2. The grievance of the petitioner is that the eighth respondent had been lethargic in conducting the investigation and without proper enquiry, had closed the FIR as "mistake of fact" within two weeks of its registration. Thereafter, on the petitioner's objection, the learned Judicial Magistrate No.II, Srivilliputhur, by order dated 24.11.2022, rejected the negative final report filed by the eighth respondent and directed further investigation in the case.
3. The learned counsel for the petitioner would submit that despite the direction of the learned Magistrate, no final report has been filed till date.
4. The learned Additional Public Prosecutor, on instructions, would submit that pursuant to the direction of the learned Magistrate, further investigation was conducted and a final report was filed before the learned Judicial Magistrate No.II, Srivilliputhur, on 25.09.2023.
5. The learned counsel for the petitioner, however, disputes the said submission, contending that the petitioner has not received any referred charge sheet notice from the respondents so far.
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6. Since it is now reported that no investigation is pending, there can be no direction for transfer of the investigation at this stage. It is open to the petitioner to canvass all points, including that no notice was served on him after filing of the further final report, before the learned Magistrate.
7. With the above liberty, this Criminal Original Petition is dismissed. 03.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu To 1.The Director General of Police, Office of the Director General of Police, Dr.Radhakrishnan Salai, Mayilapore, Chennai.
2.The Inspector General of Police, Office of the CBCID, Crime Branch Crime Investigation Department, Panthome Road, Egmore, Chennai - 08.
3.The Inspector General of Police, South Zone, O/o/Inspector General of Police, Race Course Road, Madurai.
4.The Superintendent of Police, 4/6
Office of the Superintendent of Police, Virudhunagar District, 5.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, 6.The Inspector of Police, CBCID, 7.The Inspector of Police, Krishnan Kovil Circle, 8.The Inspector of Police, Malli Police Station, Sivakasi, 9.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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SUNDER MOHAN, J.
Indu Crl.O.P(MD).No.14479 of 2025 03.09.2025 6/6