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Madras High CourtCRL OP(MD)/19016/2024disposed of

Alagarsamy v. The State Of Tamilnadu

2025-09-24Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.19016 of 2024 Alagarsamy ... Petitioner/Defacto Complainant Vs.

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

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Samaiyanallur, Madurai.

3. The Inspector of Police, Sholavanthan Police Station, Madurai (In Crime No.158 of 2024)

4. P.Raja (R4 suomotu impleaded as per order of the Court dated 19.11.2024 in Crl.OP(MD).No.19016 of 2024 by MNKJ) ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, directing the 1st respondent to transfer the investigation in Crime No.158/2024 on the file of the 3rd Respondent/Sholavanthan police station to some other independent investigation agencies.

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For Petitioner : Mr.S.Ramsundarvijayraj For R1 to R3 : Mr.K.Sanjay Gandhi Government Advocate (Crl.Side) For R4 : Mr.C.Sankar Prakash

ORDER

The petitioner seeks a direction to the 1st respondent to transfer the investigation in Crime No.158/2024 on the file of the 3rd Respondent/Sholavanthan police station to some other independent investigation agencies.

2. According the learned Counsel for the petitioner, the main grievance of the petitioner is that the respondents police has not conducted the investigation in a effective manner and have not recovered documents said to have been stolen by the 4th respondent.

3. The learned Government Advocate (Crl.Side) would submit that the petitioner and the 4th respondent are siblings and there is a property dispute; that the respondents have completed the investigation and the final report is ready to be filed; and that the allegations are civil in nature; and that the respondents intend to close the case as ''Mistake of Fact''. 2/5

4. In view of the aforesaid submissions, this Court is not inclined to transfer the investigation at this stage. However, the respondent Nos.1 to 3 are directed to file the final report within a period of four (4) weeks from the date of receipt of a copy of this order. They shall also furnish the referred charge sheet notice to the petitioner. If the petitioner is aggrieved by the action of the respondent, it is needless to say that it is open to the petitioner to challenge the same in the manner known to law.

5. With the above observations, this Criminal Original Petition is disposed of.

24.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No gvn 3/5

To

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

2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Samaiyanallur, Madurai.

3. The Inspector of Police, Sholavanthan Police Station, Madurai (In Crime No.158 of 2024) 4/5

SUNDER MOHAN, J.

gvn Crl.O.P(MD).No.19016 of 2024 24.09.2025 5/5