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Madras High CourtCRL OP(MD)/14838/2025disposed of

Mohamed Ashik Jaman.J v. The State Of Tamil Nadu

2025-10-13Honourable Mr Justice Sunder Mohan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2025

CORAM

THE HON'BLE MR.JUSTICE SUNDER MOHAN and Crl.M.P.(MD) Nos.12063 & 12064 of 2025 J.Mohamed Ashik Jaman ... Petitioner Vs.

1.The State of Tamil Nadu rep. by The Superintendent of Police, Dindigul District.

2.The Deputy Superintendent of Police, Kodaikanal Subdivision, Dindigul District.

3.The Inspector of Police, Kodaikanal Police Station, Dindigul District.

4.The Sub Inspector of Police, Kodaikanal Police Station, Dindigul District.

Crime No.268 of 2025 5.The Inspector of Police, Crime Branch - Crime Investigation Department, Dindigul District.

... Respondents Page No. 1 of 6

PRAYER : Criminal Original Petition filed under Section 528 of Bharathiya Nagarik Suraksha Sanhita, 2023 to withdraw and transfer the investigation in Crime No.268 of 2025 pending on the file of the fourth respondent and to entrust the same to the fifth respondent herein with a direction to investigate the matter in accordance with law and a further direction to the first respondent to monitor the investigation. For Petitioner : Mr.Lajapathi Roy, Senior Counsel for Mr.C.Karthikeyan For Respondents : Mr.R.Meenakshi Sundaram Additional Public Prosecutor *****

O R D E R

This Criminal Original Petition has been filed seeking to transfer the investigation from the file of the fourth respondent to the file of the fifth respondent.

2. The grievance of the petitioner is that, though a complaint was lodged alleging that certain persons in the Kodaikanal lake area had committed a serious offence against the petitioner and that the said incident was videographed, the fourth respondent has not taken any effective steps to apprehend the accused and file the final report. Page No. 2 of 6

3. The third respondent filed a detailed status report stating that the investigation has been conducted in a proper manner; that the Call Detail Records (CDR) have been sent to the competent authority; that steps have been taken to verify the tower location of the accused at the relevant point of time; and that the video footage from the mobile phones of the witnesses has also been seized.

4. Without expressing any opinion on the merits of the rival contentions, this Court is of the view that the interest of justice would be met if the investigation is transferred to another Investigating Officer. It is reported that the Inspector of Police, Thandikudi Police Station, is within the Kodaikanal Sub-Division.

5. Therefore, the investigation on the file of the third respondent police is transferred to the Inspector of Police, Thandikudi Police Station, which shall be monitored by the second respondent. Page No. 3 of 6

6. With the above observations, this Criminal Original Petition is disposed of. Consequently, the connected Miscellaneous Petitions are closed.

13.10.2025 JEN Index: Yes/ No Speaking Order / Non-Speaking Order Copy To:

1.The Superintendent of Police, Dindigul District.

2.The Deputy Superintendent of Police, Kodaikanal Subdivision, Dindigul District.

3.The Inspector of Police, Kodaikanal Police Station, Dindigul District.

4.The Sub Inspector of Police, Kodaikanal Police Station, Dindigul District.

5.The Inspector of Police, Crime Branch - Crime Investigation Department, Dindigul District.

6.The Inspector of Police, Thandikudi Police Station, Dindigul District.

Page No. 4 of 6

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

Page No. 5 of 6

SUNDER MOHAN , J.

JEN 13.10.2025 Page No. 6 of 6