Kavitha M v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.15940 of 2025 Kavitha.M ... Petitioner Vs.

1.The Executive Magistrate / the Revenue Divisional Officer, Aranthangi Division, Aranthangi, Pudukkottai District.

2.The Superintendent of Police, Pudukkottai District.

3.The Inspector of Police, Aranthangi Police Station, Pudukkottai District.

Cr.No.359 of 2025.

...Respondents

Prayer : Criminal Original Petition is filed under Section 482 of Cr.P.C., to transfer the investigation in FIR in Crime No.359 of 2025, dated 24.08.2025 from the file of the second respondent to any other independent and specialized agency like CBI or CBCID to investigate the same within the stipulated time fixed by this Court and for other reliefs.

For Petitioner : Mr.A.Joseph Jerry For R1 to R3 : Mr.R.M.Anbunithi Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition has been filed to transfer the investigation in FIR in Crime No.359 of 2025, dated 24.08.2025 from the file of the second respondent to any other independent agency.

2. It is the case of the petitioner that his son, aged about 13 years died due to electrocution, since he came in contact with the electric fence erected by the neighbor with whom, the petitioner had a civil dispute; that without referring the matter to the Executive Magistrate as mandated under Section 194 BNS, the respondents have sent a communication stating that the investigation has been completed and further action was dropped without furnishing the reason for the closure.

3. The learned Additional Public Prosecutor, on instructions, would submit that investigation was conducted in accordance with law and since it was found to be a case of an accident and it was not an electric fencing, the case was closed.

4. In the light of the above submissions, the respondents are directed to furnish the final report closing the case as further action dropped to the 2/4

petitioner within a period of one week from the date of receipt of copy of this order. It is open to the petitioner to challenge the same and raise all the grounds before the concerned Court including that the provisions under Section 194 BNS has not been followed.

5. With the above liberty, this Criminal Original Petition is dismissed. 22.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Indu To 1.The Executive Magistrate / the Revenue Divisional Officer, Aranthangi Division, Aranthangi, Pudukkottai District.

2.The Superintendent of Police, Pudukkottai District.

3.The Inspector of Police, Aranthangi Police Station, Pudukkottai District.

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

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SUNDER MOHAN, J.

Indu Crl.O.P(MD).No.15940 of 2025 22.09.2025 4/4