S.Chellathai v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :02.12.2025
CORAM
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.21951 of 2025
1. S.Chellathai ... Petitioner Vs.
1.The Superintendent of Police Tenkasi District Police Office, Tenkasi District.
2.The Deputy Superintendent of Police Alangulam DSP Office, Alangulam, Tenkasi District.
3. The Inspector of Police, Alangulam Police Station, Tenkasi District.
Crime no.426 of 2024.
... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to transfer the investigation in Crime No.426 of 2024 dated 06.10.2024 pending on the file of the 3rd respondent to any other competent agency to raise out the above said property worth about 183 grams of gold ornaments and proceed the investigation in accordance with law.
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For Petitioner : Mr.N.Mohamed Ayyadurai For Respondents : Mr.M.Sakthi Kumar, Government Advocate (Crl. side)
ORDER
This Criminal Original Petition has been filed to transfer the investigation in Crime No.426 of 2024 dated 06.10.2024 pending on the file of the 3rd respondent to any other competent agency in the matter of stolen property worth about 183 grams of gold ornaments and proceed the investigation in accordance with law.
2. Heard the learned counsels on either side and carefully perused the materials available on record.
3. The learned counsel for the petitioner submitted that the petitioner, a victim of theft, seeks action against the accused, Muthuselvam, who allegedly stole 183 grams of gold ornaments from her and her daughter-in-law. Muthuselvam, a cleaner, gained their trust and deceived the petitioner and her daughter-in-law. He took gold ornaments, worth a significant amount, under the guise of performing a pooja. The accused later refused to return the jewels and threatened the petitioner. The police registered a case (Crime No. 2/5
426 of 2024), but only Rs. 40,000/- was recovered. He further submitted that the accused, including co-accused Mariselvam and Maadasamy, conspired to steal and sell the jewels. The learned counsel for the petitioner argued that the 3rd respondent police failed to recover 183 grams of stolen gold ornaments misappropriated by accused relatives despite registering Crime No.426/2024. Hence, the present Criminal Original Petition came to be filed to transfer the investigation.
4. Considering the innocence of the victims involved, this Court is of the considered view that the police should be a little more sensitive in recovering the jewellery lost by the victims, in view of the hike in the price of gold value in contemporary times.
5. Hence, the investigation is transferred from the Investigation Officer, Alangulam Police Station, to the Investigation Officer, Pavoorchatram Police Station, and the 2nd respondent, Deputy Superintendent of Police, is directed to monitor the investigation with respect to the FIR in Crime No.426 of 2024 and conclude the 3/5
investigation as early as possible within a period of two months from the date of receipt of a copy of this order.
6. Accordingly, this Criminal Original Petition is allowed. 02.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Sml To 1.The Superintendent of Police Tenkasi District Police Office, Tenkasi District.
2.The Deputy Superintendent of Police Alangulam DSP Office, Alangulam, Tenkasi District.
3. The Inspector of Police, Alangulam Police Station, Tenkasi District.
Crime no.426 of 2024.
4.The Inspector of Police, Pavoorchatram Police Station, Tenkasi District.
5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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L.VICTORIA GOWRI, J.
Sml CRL OP(MD)No.21951 of 2025 02.12.2025 5/5