S.Prabhakaran v. The Superintendent Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2025
CORAM:
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl. O.P(MD) No. 23024 of 2025 S.Prabhakaran ... Petitioner Vs
1. The Superintendent of Police, Office of Superintendent of Police, Ramanathapuram Road, Kajamalai Colony, Pudukottai Road, Tiruchirappalli.
2. The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Tanjore Byepass Road, Ancillary Colony, Thiruverumbur.
3. The Inspector of Police, Navalpattu Police Station, Trichy District.
Crime No.112 of 2016.
... Respondents PRAYER: Criminal Original Petition filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to direct the first respondent to transfer the investigation in crime No.112 of 2016 from the Page No. 1 of 5
third respondent, Inspector of Police, Navalpattu Police Station, to any other investigation officer deputed and monitored by the Deputy Superintendent of Police, Thiruverumbur and file charge sheet under Section 193 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). For petitioner :Mr. V.R. Shanmuganathan For Respondents :Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) *****
O R D E R
This Criminal Original Petition is filed seeking a direction to the first respondent to transfer the investigation in crime No.112 of 2016 from the third respondent, Inspector of Police, Navalpattu Police Station, to any other investigation officer deputed and monitored by the Deputy Superintendent of Police, Thiruverumbur and file charge sheet.
2. The claim of the petitioner is that his car was stolen by his own brother as early as during 2016, following which he had given a complaint to the third respondent police. However, after investigation, the same was closed as a 'mistake of fact'. Challenging the same, he had filed a protest petition before the learned Judicial Magistrate-III, Trichy, in which the Page No. 2 of 5
learned Trial Court had passed an order of further investigation on 31/10/2025 and a copy of the said order was issued to the third respondent police on 18/11/2025. Even thereafter, there is no progress in the investigation.
3. Per contra, the learned Government Advocate (Crl.Side), Mr.M.Sakthi Kumar, submitted that only on 18/11/2025, the copy of the order of the learned Trial Court directing the third respondent police to conduct further investigation has been received and now, the investigation has commenced.
4. According to the submission of the learned counsel for the petitioner, it is understood that the person who has stolen the car, i.e. the brother of the petitioner, had left abroad and the car is in the custody of his father-in-law, namely, Ganesan and his brother-in-law, Sabesh. The third respondent police is directed to seize the vehicle from the custody of the father-in-law and brother-in-law of the petitioner's brother and hand over the same to the petitioner within a period of one (1) week from today. If the car is not available, the third respondent police is directed to deal Page No. 3 of 5
with the matter in the manner known to law by initiating strict criminal action.
5. Accordingly, this Criminal Original Petition is allowed. 15.12.2025 NCC : Yes/No Index : Yes / No Internet : Yes / No apd To
1. The Superintendent of Police, Office of Superintendent of Police, Ramanathapuram Road, Kajamalai Colony, Pudukottai Road, Tiruchirappalli.
2. The Deputy Superintendent of Police, Office of Deputy Superintendent of Police, Tanjore Byepass Road, Ancillary Colony, Thiruverumbur.
3. The Inspector of Police, Navalpattu Police Station, Trichy District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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L.VICTORIA GOWRI,J apd Crl O.P.(MD) No. 23024 of 2025 15.12.2025 Page No. 5 of 5