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Madras High CourtCRL OP(MD)/19424/2025ordered

Santhanamari v. The State Of Tamilnadu, Rep. By The Director General Of Police,

2025-11-05Honourable Mr Justice Sunder Mohan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.19424 of 2025 Santhanamari ... Petitioner Vs.

1.The State of Tamil Nadu Rep. by, The Director General of Police, Office of the Director General of Police, Mylapore, Chennai - 600004.

2.The Superintendent of Police, Tuticorin District, Tuticorin.

3.The Inspector of Police, Thermal Nagar Police Station, Tuticorin District.

(Crime No. 213 of 2025) 4.The Superintendent of Police , CBCID, Tuticorin.

5.The Inspector of Police, CBCID, Tuticorin.

6.Gandhimadhi ... Respondents 1/5

Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023, to direct the 2nd respondent to withdraw the case registered in Crime No.213 of 2025 from the file of the 3rd respondent and transfer the same to the file of the 4th respondent or any other special investigation team with a direction to complete the investigation and to take necessary action against the erring official and to invoke POCSO within the period that may be stipulated by this Court.

For Petitioner : Mr.S.Sathyachidambaram For R-1 to R-5 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

This Criminal Original Petition is filed for direction to the second respondent to withdraw the case from the file of the third respondent in Crime No.213 of 2025 and to transfer the same to the fourth respondent.

2. It is the case of the petitioner that her niece was found hanging at about 12.20 PM on 28.07.2025; and that she has doubt with regard to the death of the victim girl.

3. The learned counsel for the petitioner would submit that the petitioner suspects the involvement of a person and the respondent Police ought to have 2/5

registered the FIR for the offence under Section 103(2) of IPC since the petitioner had stated in the FIR that she had suspected that her niece could have been murdered.

4. The petitioner as a complainant cannot dictate the respondent Police as to how the investigation should be conducted. The investigation is still pending. Hence, this Court finds no reason to transfer the investigation on the grounds raised by the petitioner. However, the third respondent shall conclude the investigation in Crime No.213 of 2025 and file a final report within a period of two (2) months from the date of receipt of a copy of this order and the investigation shall be monitored by the Additional Superintendent of Police, Thoothukudi Town.

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

05.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm 3/5

To 1.The Director General of Police, Office of the Director General of Police, Mylapore, Chennai - 600004.

2.The Superintendent of Police, Tuticorin District, Tuticorin.

3.The Inspector of Police, Thermal Nagar Police Station, Tuticorin District.

4.The Superintendent of Police , CBCID, Tuticorin.

5.The Inspector of Police, CBCID, Tuticorin.

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

7.The Additional Superintendent of Police, Thoothukudi Town, Thoothukudi District.

4/5

SUNDER MOHAN, J.

Lm Crl.O.P(MD).No.19424 of 2025 05.11.2025 5/5