Thiyanam v. 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.23283 of 2025 Thiyanam ... Petitioner Vs.

1.The Superintendent of Police, O/o. The Superintendent of Police, Sivagangai District, Sivagangai.

2.State of Tamil Nadu, represented by the Inspector of Police, Elayangudi Police Station, Sivagangai District.

(Crime No.323 of 2025) ... Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the first respondent to transfer the investigation of the case in Crime No.323 of 2025 from the file of the second respondent to any other competent Police officer to complete the investigation of the case and to file final report before the competent Court within a time stipulated by this Court.

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For Petitioner : Mr. P.Velmurugan For R-1 & R-2 : Mr.M.Sakthi Kumar, Government Advocate (Crl. side)

ORDER

This Criminal Original Petition has been filed seeking a direction to the first respondent to transfer the investigation in Crime No.323 of 2025 from the file of the second respondent to any other competent Police Officer and to complete the investigation and file the final report before the competent Court within a time frame stipulated by this Court.

2. The learned counsel appearing for the petitioner would submit that the petitioner has two sons and that her younger son, namely, Yujinraj, attempted self-immolation by pouring kerosene over himself in front of a Church on 14.09.2025 and was rescued by the neighbours. It is further submitted that prior to the said incident, the victim had stated that one Sahayadevi and her daughter Jesiliya assaulted him in a public place and that Samikannu and Neethirajan had criminally intimidated him, which compelled him to take the extreme step. Subsequently, on 28.09.2025, the said Yujinraj succumbed to the 2/6

injuries while undergoing treatment in the hospital. Thereafter, a case in Crime No.323 of 2025 came to be registered by the second respondent Police against Sahayadevi, Samikannu and Neethirajan, without including Jesiliya as an accused. The learned counsel would further submit that if the second respondent is permitted to continue the investigation, it would cause serious prejudice to the petitioner and, therefore, seeks transfer of investigation.

3. Per contra, Mr. M. Sakthi Kumar, learned Government Advocate (Criminal Side) appearing for the respondent Police would submit that the materials collected during the course of investigation reveal that the deceased Yujinraj was assaulted by Sahayadevi, who is the sister-in-law of the petitioner, and that due to an existing land dispute between the parties, the deceased fell into mental depression and committed self-immolation. He would further submit that the investigation is being conducted in a fair and proper manner and that the same would be concluded shortly. Hence, he opposed the prayer for transfer of investigation.

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4. This Court has heard the learned counsel appearing on either side and has carefully perused the materials available on record.

5. Considering the nature and gravity of the offence involved, particularly the fact that the son of the petitioner had attempted selfimmolation and later succumbed to the injuries, this Court is of the view that, at this stage, transfer of investigation is not warranted. However, in order to ensure a fair, impartial and effective investigation, this Court deems it appropriate to direct the first respondent to monitor the investigation being conducted by the second respondent.

6. Accordingly, the second respondent is directed to apprise the first respondent of the progress of the investigation on a weekly basis, every Friday, and to complete the investigation and file the final report as expeditiously as possible, strictly in accordance with law. 4/6

7. 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, O/o. The Superintendent of Police, Sivagangai District, Sivagangai.

2.The Inspector of Police, Elayangudi 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.23283 of 2025 18.12.2025 6/6