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Madras High CourtCRL OP(MD)/20596/2024disposed of

Sivakumar v. The State Of Tamil Nadu

2026-02-03Honourable Mrs Justice L.Victoria Gowri7 pages

L.VICTORIA GOWRI, J.

Today (25.06.2026), the matter is posted under the caption 'for being mentioned' at the instance of the learned counsel for the petitioner. 2.The learned counsel for the petitioner submitted that in the order dated 03.02.2026, in paragraph No.6, it has been wrongly mentioned as 'third respondent/Deputy Superintendent of Police' instead of 'second respondent' and in paragraph No.7, it has been wrongly mentioned as '3rd respondent', instead of '2nd respondent' and the date of order was also wrongly mentioned as '03.02.2025' instead of '03.02.2026'.

3.In view of the above submission made by the learned counsel for the petitioner, the 2nd line in paragraph No.6 and the 2nd & 3rd line in paragraph No.7 of the order dated 03.02.2026, the following sentence may be incorporated ; "6. It is understood from the state of affairs that despite an order passed by this Court directing the 2nd respondent, in fact, specifying the name of the Deputy Superintendent of Police, to conclude the investigation as expeditiously as possible, even after a lapse of 1 1⁄2 years, no progress has seen the light of the day." 1/7

"7. In view of the same, this Court directs the first respondent to monitor the investigation conducted by the 2nd respondent. Accordingly, this Criminal Original Petition is disposed of with a direction to the 2nd respondent to appraise the progress of the investigation to the first respondent every Friday. The 2nd respondent is directed to file a final report within a period of 8 weeks from the date of receipt of a copy of this order."

4. Registry is directed to carry out the above said corrections and issue fresh order copy to the parties concerned.

25.02.2026 2/7

L.VICTORIA GOWRI, J.

25.02.2026 3/7

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Sivakumar ...

Petitioner/Defacto Complainant Vs.

1.The State of Tamilnadu, The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Deputy Superintendent of Police, District Crime Branch, Thanjavur, Thanjavur District.

3.The Deputy Superintendent of Police, CBCID, Q4JM+CH6, Collector Office Road, Shivaji Nagar, Thanjavur.

4.The Inspector of Police,, District Crime Branch, Thanjavur, Thanhavur District.

...

Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023, to transfer the investigation in Crime No.7 of 2024 from the 2nd respondent to the 3rd respondent and file report within stipulated time fixed by this Court. For Petitioner : Mr.S.Gokularaj For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.Side) 4/7

ORDER

This petition has been filed to transfer the investigation in Crime No.7 of 2024 from the file of the 2nd respondent to the fiel of the 3rd respondent and file final report within the stipulated time fixed by this Court.

2. The learned counsel for the petitioner submitted that the petitioner is the defacto complainant at whose instance, Crime No.7 of 2024 was registered for the offenses under sections 465, 473, 474, 406 and 420 of IPC with respect to the fraud and cheating committed by the accused.

3. The learned counsel for the petitioner pointed out that already the petitioner had filed a petition before this court in Crl.OP(MD)No.10641 of 2024. This Court by the order dated 18.07.2024, had already directed Ms.Dhanushya, Deputy Superintendent of Police to conduct the investigation. However, there is no progress in the investigation. Hence, this petition.

4. Instaneously, the learned Government Advocate (Crl.Side), submitted that the said Ms.Dhanushya, Deputy Superintendent of Police has been transferred and now, one Mr.Manimaran has taken charge. 5/7

5. Heard both sides and carefully perused the materials available on record.

6. It is understood from the state of affairs that despite an order passed by this Court directing the third respondent/Deputy Superintendent of Police, in fact, specifying the name of the Deputy Superintendent of Police, to conclude the investigation as expeditiously as possible, even after a lapse of 1 1⁄2 years, no progress has seen the light of the day.

7. In view of the same, this Court directs the first respondent to monitor the investigation conducted by the third respondent. Accordingly, this Criminal Original Petition is disposed of with a direction to the third respondent to appraise the progress of the investigation to the first respondent every Friday. 03.02.2025 NCC : Yes / No Index : Yes / No 6/7

L.VICTORIA GOWRI, J.

TO:- 1.The State of Tamilnadu, The Superintendent of Police, Thanjavur District, Thanjavur.

2.The Deputy Superintendent of Police, District Crime Branch, Thanjavur, Thanjavur District.

3.The Deputy Superintendent of Police, CBCID, Q4JM+CH6, Collector Office Road, Shivaji Nagar, Thanjavur.

4.The Inspector of Police, District Crime Branch, Thanjavur, Thanhavur District.

5. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. Order made in Dated 03.02.2025 7/7