Maheswari v. The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.14439 of 2025 Maheswari ... Petitioner Vs.

1.The Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendent of Police, Usilampatti Sub Division, Madurai District.

3.The Inspector of Police, Chekkanurani Police Station, Madurai District.

(Crime No.76 of 2025)

...Respondents

Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the 1st respondent to transfer the investigation in Crime No.76 of 2025 dated 02.03.2025 on the file of the 3rd respondent police to some other investigating agency.

For Petitioner : Mr.S.Balaji For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor 1/4

ORDER

The petitioner has sought for transfer of investigation in Crime No.76 of 2025 from the file of the third respondent to some other investigating agency.

2. The grievance expressed by the petitioner is that the petitioner's husband was killed in a hit and run accident and an FIR was registered as early as on 02.03.2025 and the respondent Police have not identified the perpetrator of the crime so far.

3. The learned Additional Public Prosecutor, on instructions, would submit that inspite of best efforts taken by the third respondent, the perpetrator has not been identified so far and they have recorded the statements of ten witnesses and also obtained CCTV recordings in the neighbourhood.

4. In such circumstances, this Court is of the view that it would not be desirable at this stage to transfer the investigation as it would cause prejudice to the petitioner's case as well. Instead, the interest of justice would be met if the second respondent/Deputy Superintendent of Police is directed to monitor the investigation conducted by the third respondent and file a final report as expeditiously as possible.

2/4

5. The learned Additional Public Prosecutor would submit that the final report will be filed within a period of three months.

6. Recording the said submission, the third respondent is directed to conduct the investigation under the supervision of the second respondent and file a final report within a period of three (3) months from today.

7. Accordingly, the Criminal Original Petition stands disposed of. 02.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The Superintendent of Police, Madurai District, Madurai.

2.The Deputy Superintendent of Police, Usilampatti Sub Division, Madurai District.

3.The Inspector of Police, Chekkanurani Police Station, Madurai District. 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

SUNDER MOHAN, J.

Lm Crl.O.P(MD).No.14439 of 2025 02.09.2025 4/4