A. Muthu v. The State Of Tamilnadu, Rep. By The Superintendent Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :18.12.2025

CORAM

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Crl.O.P.(MD).No.23295 of 2025 A.Muthu ... Petitioner Vs.

1.The State of Tamil Nadu, Represented by the Superintendent of Police, Sivagangai, Sivagangai District.

2.The State of Tamil Nadu, Represented by the Inspector of Police, Nerkuppai Police Station, Sivagangai District.

(Crime No.78 of 2025) ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the first respondent to withdraw the investigation in Crime No.78 of 2025 from the second respondent and to transfer the investigation to any other agency.

For Petitioner : Mr. K.G.Arunkumar For Respondents : Mr.M.Sakthi Kumar, Government Advocate (Crl. side) 1/5

ORDER

This Criminal Original Petition has been filed seeking a direction to the first respondent to transfer the investigation in Crime No.78 of 2025, on the file of the second respondent to any other agency.

2. The learned counsel for the petitioner submitted that the petitioner has been running a TASMAC shop for the past two years. On 20.10.2025, one Dinesh entered the bar and threatened the customers with a knife, upon which the petitioner intervened and asked him to leave the premises. Later on the same day, at about 9.30 p.m., when the petitioner returned to the bar to verify the accounts, the said Dinesh, along with his henchmen, came to the bar and attacked the petitioner with a knife, causing injuries on his thigh and left forearm, and resulting in the amputation of his left thumb finger. The petitioner was admitted in the hospital on 20.10.2025. Thereafter, the petitioner lodged a complaint before the second respondent. However, the second respondent did not heed to the petitioner's grievance, and there has 2/5

been no progress in the investigation. Hence, the indulgence of this Court is sought to ensure a speedy and effective investigation.

3. Per contra, the learned Government Advocate (Criminal Side), appearing for the respondent Police, on instructions, submitted that three persons were arrested and remanded to judicial custody. He further submitted that the remaining two accused had obtained anticipatory bail from this Court. He also submitted that initially, the FIR was registered under Section 324 of IPC, and subsequently, based on the wound certificate issued to the victim, the offence was altered to Section 326 of IPC.

4. Heard the learned counsel appearing on either side and carefully perused the materials available on record.

5. Considering the nature and gravity of the offence involved, this Court is of the view that the first respondent shall monitor the ongoing investigation being conducted by the second respondent. The second 3/5

respondent is directed to appraise the first respondent of the progress of the investigation on a weekly basis, every Friday, and to conclude the investigation as expeditiously as possible, in accordance with law

6. With the above directions, this Criminal Original Petition is disposed of.

18.12.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No TSG To 1.The Superintendent of Police, Sivagangai, Sivagangai District.

2.The Inspector of Police, Nerkuppai Police Station, Sivagangai District.

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

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L.VICTORIA GOWRI, J.

TSG CRL OP(MD)No.23295 of 2025 18.12.2025 5/5