Madras High CourtCRL OP(MD)/18927/2025disposed of

Johnson v. The State Of Tamilnadu, Rep By The Superintendent Of Police, O/O.The District Superintendent

2026-02-04Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Johnson ... Petitioner Vs.

1.The State of Tamil Nadu, Rep.by The Superintendent of Police, Office of District Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, Kaliyakkavilai Police Station, Kaliyakkavilai, Kanyakumari District.

(Crime No.148/2024) ... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023 to pass an order, to direct the respondent no.1 to transfer the case in Crime No.148/2024 dated 19.05.2024 on the file of the 2nd respondent police to some other competent investigation agency.

For Petitioner : Mr.E.J.Daniel Robinson For Respondents : Mr.B.Thanga Aravindh Government Advocate (Crl.side)

ORDER

This criminal original petition has been filed to direct the respondent no. 1 to transfer the case in Crime No.148/2024 dated 19.05.2024 on the file of the 1/4

2nd respondent police to some other competent investigation agency.

2. The learned counsel for the petitioner submitted that the at the instance of the petitioner, the First Information Report in Crime No.148 of 2024 was registered on 19.05.2024 with respect to the missing of his son, namely Jebin Jose. However, even after a lapse of one and half years, there is no progress in the investigation. Hence, this petition.

3. The learned Government Advocate(Crl.Side) submitted that already HCP has been filed by the petitioner before this Court, which was closed with a direction, directing the 2nd respondent to proceed with the investigation. The 2nd respondent has diligently taken steps by publishing pamphlets and also making paper publications and the 2nd respondent police has also taken necessary steps to find out the missing person by giving prompt advertisements in media, including All India Radio. However so far the person is not detected.

4. The learned counsel for the petitioner categorically contended that sitting idle without conducting any inquiry, the police is repeatedly reporting before the court as if they are not able to detect the missing person. Hence, this petition.

2/4

5. Heard the learned counsels on either side and carefully perused the materials available on record.

6. Considering the fact that the missing boy had been the only son of the petitioner, the 2nd respondent police is directed to conclude the investigation as expeditiously as possible within a period of two(2) months from the date of receipt of copy of this order and the progress of investigation is directed to be apprised every Friday to the 1st respondent. The 1st respondent is directed to monitor the investigation conducted by the 2nd respondent.

7. With the above directions, this Criminal Original Petition stands disposed of.

04.02.2026 NCC : Yes / No Index : Yes / No gbg To:- 1.The Superintendent of Police, Office of District Superintendent of Police, Kanyakumari District.

2.The Inspector of Police, 3/4

Kaliyakkavilai Police Station, Kaliyakkavilai, Kanyakumari District.

L.VICTORIA GOWRI, J.

gbg 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Order made in Dated 04.02.2026 4/4