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Madras High CourtCRL OP(MD)/17613/2025dismissed

Vignesh v. The State Of Tamil Nadu Rep.By

2025-10-15Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 15/10/2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN CRL OP(MD)No.17613 of 2025 Vignesh ... Petitioner Vs 1.The Superintendent of Police, Trichy District, Trichy.

2. The Deputy Superintendent of Police, Manapparai, Trichy District.

3.The Inspector of Police, Manapparai Police Station, Trichy District.

(Crime No. 449 of 2023).

... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to transfer the investigation the case in Crime No.449 of 2023 dated 27.08.2023 on the file of third respondent police and entrust the same to any other competent officer for fair and free investigation. For Petitioner : Mr.K.Arunraj, For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor 1/4

ORDER

The petitioner seeks a direction to transfer the investigation in Crime No.449 of 2023, which was registered based on the complaint given by the petitioner, from the third respondent to any other competent officer.

2.According to the petitioner, in respect of the same incident, two complaints were registered one in Crime No.450 of 2023 against the petitioner for the offences under Sections 294(b), 324 and 506(ii) of IPC and another complaint filed by the petitioner in Crime No.449 of 2023, Though the petitioner had stated to the respondent police that seven persons were involved in the occurrence, the FIR was registered only against three persons and the respondents are conducting the investigation in a biased manner.

3.The learned Additional Public Prosecutor appearing for the respondents would submit that since there is a case and counter case, the respondents would follow PSO 566 and the guidelines issued by the Full Bench of this Court in Balaji Vs The State of Tamil Nadu in 2/4

Crl.O.P(MD) Nos.4587 of 2024 etc., reported in MANU/TN/4665/2024. 4.This Court is of the view that since there is a case and a counter case, the respondents shall follow PSO 566 and the guidelines issued by this Court in Balaji's case (cited supra), as submitted by the learned Additional Public Prosecutor and also ascertain and identify the accused involved in the offence alleged to have been committed against the petitioner and conclude the investigation in both cases in a fair and an unbiased manner.

5.With the above observations, this Criminal Original Petition is disposed of.

15.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No cp To 1.The Superintendent of Police, Trichy District, Trichy.

2. The Deputy Superintendent of Police, Manapparai, Trichy District.

3/4

SUNDER MOHAN,J CP 3.The Inspector of Police, Manapparai Police Station, Trichy District.

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

ORDER

IN CRL OP(MD) No.17613 of 2025 Date : 15/10/2025 4/4