Madras High CourtCRL OP(MD)/20553/2025disposed of

Nagakumari v. The State Of Tamilnadu Rep.By,

2025-11-19Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.11.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.20553 of 2025 Nagakumari ... Petitioner/Accused No.1 Vs.

1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The State of Tamil Nadu, Represented by, The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli City.

(Crime No.252 of 2025) ... Respondents 1 & 2/Complainants 3.J.Jayasingh ... 3rd Respondent/Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the 1st respondent to transfer the investigation in Crime No.252 of 2025 dated 16.08.2025 from the 2nd respondent to some other honest officer to conduct further investigation.

For Petitioner : Mr.Aayiram K.Selvakumar For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor 1/4

ORDER

This Criminal Original Petition is filed for direction to the first respondent to transfer the investigation in Crime No.252 of 2025 dated 16.08.2025 from the file of the second respondent to any other officer to conduct further investigation.

2. The petitioner is an accused in Crime No.252 of 2025. It is the case of the petitioner that though she had obtained Anticipatory Bail, the second respondent is repeatedly calling her for enquiry and also her son, who is not even an accused in the said case.

3. This Court is of the view that the investigation cannot be transferred for the aforesaid reason. It is well within the powers of the Investigating Officer to summon any accused for the purpose of investigation. If the petitioner's son is required for the purpose of investigation, he shall also appear before the second respondent. However, the second respondent shall issue summons for his appearance.

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

19.11.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The Commissioner of Police, Tirunelveli City, Tirunelveli.

2.The Inspector of Police, Tirunelveli Town Police Station, Tirunelveli City.

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

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SUNDER MOHAN, J.

Lm Crl.O.P.(MD).No.20553 of 2025 19.11.2025 4/4