L.Praveen Peter Gnaniah v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.02.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI L.Praveen Peter Gnaniah ... Petitioner/Defacto Complainant Vs.

1.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai.

2.The Additional Director General of Police, CBCID, Dr.Radhakrishnan Salai, Mylapore, Chennai.

3.The Superintendent of Police, Thoothukudi District, Thoothukudi.

4.The Inspector of Police, Cyber Crime Police Station, Thoothukudi.

(Crime No.42 of 2024)

5. The Deputy Director, Regional Forensic Science Laboratory (RFSL), Madurai.

... Respondents (5th respondent is suo motu impleaded vide Court order dated 03.02.2025 in Crl.OP(MD)No.21907 of 2024 by LVGJ) PRAYER : Petition filed under Section 528 of BNSS, 2023 to direct the respondents to transfer the investigation in Crime No.42 of 2024 on the file of the 4th respondent to the CBCID.

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For Petitioner : Mr.A.Robinson For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.)

ORDER

This petition has been filed to direct the respondents to transfer the investigation in Crime No.42 of 2024 from the file of the 4th respondent to the file of the 2nd respondent/CBCID.

2. The learned counsel for the petitioner submitted that the petitioner is the defacto complainant at whose instance, First Information Report in Crime No.42 of 2024 was registered for the offences under Sections 465, 469 & 471 of IPC. However, even after the registration of the FIR, there is no progress in the investigation and hence, he seeks the indulgence of this Court.

3. The learned counsel for the petitioner also pointed out that despite the petitioner handed over his mobile phone to substantiate his claim of being harassed through Whats-app, the fourth respondent police has not taken any necessary steps to retrieve the same and take necessary action.

4. With regard to the above submission, the learned Government Advocate (Crl.Side) categorically contended that the mobile phone of the 2/6

petitioner has been sent to the Regional Forensic Science Laboratory (RFSL), Madurai, to retrieve all the necessary materials and the 4th respondent police is awaiting the report. Only after getting the report would the investigation be completed.

5. Per contra, the learned counsel for the petitioner submitted that though the evidence was produced by the petitioner, the respondent police has failed to retrieve the necessary materials.

6. Heard both sides and this Court carefully perused the materials available on record.

7. Considering the submissions made on either side, the Deputy Director, Regional Forensic Science Laboratory (RFSL), Madurai, is suo motu impleaded as 5th respondent in this petition. The Registry is directed to carry out the necessary amendment.

8. The 5th respondent is directed to provide the necessary information as required by the 4th respondent Police after proper examination within a period of two weeks from the date of receipt of a copy of this order and after receiving 3/6

the necessary report from the 5th respondent, the 4th respondent Police is directed to conclude the investigation as expeditiously as possible within a period of three weeks thereafter.

9. This Court directs the third respondent to monitor the investigation conducted by the fourth respondent. Accordingly, this Criminal Original Petition is disposed of with a direction to the fourth respondent to appraise the progress of the investigation to the third respondent every Friday. 03.02.2026 NCC : Yes / No Index : Yes / No dss 4/6

TO:- 1.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai.

2.The Additional Director General of Police, CBCID, Dr.Radhakrishnan Salai, Mylapore, Chennai.

3.The Superintendent of Police, Thoothukudi District, Thoothukudi.

4.The Inspector of Police, Cyber Crime Police Station, Thoothukudi.

5. The Deputy Director, Regional Forensic Science Laboratory (RFSL), Madurai.

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

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L.VICTORIA GOWRI, J.

dss Order made in Dated 03.02.2026 6/6