M.Prakash v. The State Of Tamilnadu Rep By The Superintendent Of Police, Karur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 29.10.2025

CORAM

THE HONOURABLE MR. JUSTICE SUNDER MOHAN M.Prakash ... Petitioner/Defacto complainant Vs.

1.The State of Tamilnadu rep. Through, The Superintendent of Police, Karur District, Karur.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kulithalai, Karur District.

3.The Inspector of Police, Lalapet Police Station, Karur.

Crime No.346 of 2025 4.Veeramalai 5.Sankar 6.Mohanapriya 7.Thayar ... Respondents 1/5

PRAYER :- This Petition is filed under Section 528 BNSS / Cr.P.C., to direct the respondents 1 and 2 to transfer the investigation of the case registered in Crime No.346 of 2025, dated 30.09.2025, on the file of the third respondent to any other investigation officer. For Petitioner : Mr.N.Balaji For Respondents : Mr.R.M.Anbunithi, Additional Public Prosecutor for R1 to R3

ORDER

The petitioner seeks transfer of investigation in Crime No.346 of 2025 on the file of the third respondent to any other investigation agency. 2.The petitioner is the complainant in Crime No.346 of 2025 registered for the offence under Sections 296(b), 115(2), 351(3) and 324(2) of BNS, 2023.

3.The main grievance of the petitioner is that though the allegations disclose the offences under Sections 117 and 329 of BNS, 2023, the respondents have not registered the FIR for the said offences. 2/5

4.The learned Additional Public Prosecutor on instructions, would submit that the FIR was registered only on 30.09.2025. If the respondents Police find that any other offence is made out, they would file an alteration report.

5.There cannot be any direction to the respondents to alter the offences. It is for the respondent police to ascertain during the course of investigation whether any other offence is made out or not. This Court cannot transfer the investigation at this stage. 6.Though it is the case of the respondent that the fourth accused is working in the police department, he does not belong to the same police station. Therefore, this Court finds no reason to transfer the investigation. The third respondent shall therefore, conduct the investigation in a fair manner and file a final report within a period of three months from the date of receipt of a copy of this order.

7.With the above directions, this Criminal Original Petition stands 3/5

disposed of.

29.10.2025 NCC : Yes / No Internet : Yes/ No vsg TO 1.The State of Tamilnadu rep. Through, The Superintendent of Police, Karur District, Karur.

2.The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Kulithalai, Karur District.

3.The Inspector of Police, Lalapet Police Station, Karur.

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

4/5

SUNDER MOHAN,J.

vsg CRL OP(MD) No.18861 of 2025 Date : 29.10.2025 5/5