R.Muthuraman v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.14667 of 2025 R.Muthuraman ... Petitioner/Defacto Complainant Vs.

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

2.The Deputy Superintendent of Police, Madurai Rural, Madurai District.

3.The Inspector of Police, Melur Police Station, Melur Taluk, Madurai District.

Crime No.370/2025.

... Respondents/Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the 1st respondent to conduct the primary enquiry in pursuance of the petitioner's representation dated 22.08.2025 pending before the 3rd respondent, and consequently transfer the investigation in Crime No.370 of 2025 on the file of the third respondent to any other Investigation Officer within the stipulated time fixed by this Court.

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For Petitioner : Mr.K.Pandiarajan For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioner seeks for a direction to the first respondent to conduct the enquiry in pursuance of the petitioner's representation dated 22.08.2025 pending before the third respondent and consequently transfer the investigation in Crime No.370 of 2025 on the file of the third respondent to any other Investigation Officer within the stipulated time fixed by this Court.

2. The grievance of the petitioner is that the third respondent is conducting the investigation in a lethargic manner and several witnesses were not examined and that the main accused one Sathish Kumar was not apprehended so far.

3. This Court is of the view that it is the discretion of the third respondent to arrest or not arrest any particular accused in a case. Further, it is for the Investigating Officer to collect evidence and there cannot be any direction to examine any any particular witness. Hence, the investigation cannot be transferred for the reasons stated by the petitioner. The third respondent shall 2/4

conduct the investigation and conclude it as expeditiously as possible and file a final report within a period of twelve (12) weeks from today.

4. With the above observations, this Criminal Original Petition stands closed.

08.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The Superintendent of Police, Madurai Rural, Madurai District.

2.The Deputy Superintendent of Police, Madurai Rural, Madurai District.

3.The Inspector of Police, Melur Police Station, Melur Taluk, Madurai District.

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

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SUNDER MOHAN, J.

Lm Crl.O.P(MD).No.14667 of 2025 08.09.2025 4/4