Navanitha v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.02.2025

CORAM

THE HON'BLE MR.JUSTICE P.DHANABAL Navanitha .. Petitioner Vs.

1. The Superintendent of Police Theni,Theni District

2. The Inspector of Police CBCID Police Station Theni District

3. The Inspector of Police Chinnamanur Police Station Theni District .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the first respondent to transfer the investigation in Crime No.439 of 2024 dated 10.11.2021 on the file of the third respondent police to the second respondent or any other superior officer which include DSP. For Petitioner : Mr.J.Yogeswaran For Respondents : Mr.M.Sakthi Kumar Government Advocate(Crl.Side) 1/5

ORDER

This Criminal Original Petition has been filed to direct the first respondent to transfer the investigation in Crime No.439 of 2024 dated 10.11.2021 on the file of the third respondent police to the second respondent or any other superior officer.

2. The learned counsel appearing for the petitioner would submit that the petitioner is the mother of the victim and she is the defacto complainant. The victim committed suicide. In this case based on the complaint given by the defacto complainant First Information Report has been registered in Crime No.439 of 2024 for the offences under Sections194(3)(ii) of BNSS. The respondent police have not conducted investigation in a proper manner and not even added the prime accused in this case. Therefore the present petition has been filed.

3. The learned Government Advocate(Crl.Side) submitted that initially the case has been registered under Section 194(3)(ii) of BNSS as suspicious death. Thereafter they altered the offences and also arrested the accused and now the case is under investigation by the third respondent. The third respondent is investigating the case in the fair 2/5

manner and if at all the petitioner is having any documents she can produce the same before the respondent police. Therefore without any valid ground investigation need not be transferred to some other agency.

4. Considering the representation made by the learned Government Advocate(Crl.Side) that already they altered the offences and arrested the accused and the investigation is at initial stage and that they will conduct the investigation in the fair manner, this Court by recording the said submission directs the third respondent to conduct fair investigation and if the petitioner has any materials she can produce the same before the investigation officer. The Deputy Superintendent of Police, Bodi is directed the monitor the investigation of this case.

5. With the above direction the Criminal Original Petitions stands disposed of.

20.02.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No aav 3/5

To

1. The Superintendent of Police Theni,Theni District

2. The Inspector of Police CBCID Police Station Theni District

3. The Inspector of Police Chinnamanur Police Station Theni District 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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P.DHANABAL,J.

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