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Madras High CourtCRL OP(MD)/92/2026closed

S. Karuppasamy v. The State Of Tamilnadu

2026-01-06Honourable Mrs Justice L.Victoria Gowri5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.01.2026

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI S.Karuppasamy ... Petitioner Vs.

1.State of Tamil Nadu, rep., by The Superintendent of Police, O/o., The Superintendent of Police, Ramanthapuram District.

2.The Deputy Superintendent of Police, O/o The Deputy Superintendent of Police, Kamuthi, Ramanathapuram District.

3.The Inspector of Police, Kamuthi Police Station, Ramanathapuram District.

Crime No.162 of 2025 ... Respondents PRAYER : Petition filed under Section 528 of BNSS, 2023 to direct the first respondent to transfer the investigation in Crime No.162 of 2025 dated 29.08.2025 registered under Sections 296(b), 115(2), 118(1) and 351(3) BNS, 2023 on the file of the third respondent and entrust the same to any other competent officer by considering his representation dated 31.10.2025 within the time framed by this Court.

For Petitioner : Mr.K.Seemaraj 1/5

For Respondents : Mr.M.Sakthi Kumar Government Advocate (Crl.)

ORDER

Seeking to transfer the investigation in Crime No.162 of 2025 dated 29.08.2025 registered under Sections 296(b), 115(2), 118(1) and 351(3) of BNS, 2023, this criminal Original Petition is filed. 2.The learned counsel for the petitioner submitted that a case and case in counter came to be registered in Crime No.162 of 2025 and Crime No.161 of 2025. The petitioner's brother is the complainant in Crime No.162 of 2025. He further submitted that on 29.08.2025 at about 07.30 PM, when the petitioner's brother, namely, Chandrasekar was having tea in a Bakery and while he was engaged in a video conversation with his friend, the aggressors Jayasankar and his friends, namely, Jothiraja and Sermakani were indulging in selling illegal liquor in their two wheeler bearing Registration No.TN 67 AY 3087.

As a result of which, wordy altercation happened between the petitioner, petitioner's brother and the aggressors, and in this regard, two FIR in Crime Nos.161 and 162 of 2025 came to be registered as against the respective parties. However, the respondent police have proceeded to file a final report in Crime No.161 of 2025 and have failed to conduct a fair investigation as far as Crime No.

2025. Hence, he sought indulgence of this Court in transferring the same from the file of the third respondent to any other competent Officer. 3.Per contra, the learned Government Advocate (Crl), on instructions, submitted that in this case, investigation is completed and charge sheet was also filed in C.C.No.426 of 2025 before the jurisdictional Magistrate. 4.Recording the same, this Criminal Original Petition is closed. However, the petitioner is at liberty to file a petition under Section 173(8) Cr.P.C/ 193(9) BNSS for further investigation, if so adviced. 06.01.2026 NCC : Yes / No Index : Yes / No Rmk 3/5

TO:- 1.The Superintendent of Police, O/o., The Superintendent of Police, Ramanthapuram District.

2.The Deputy Superintendent of Police, O/o The Deputy Superintendent of Police, Kamuthi, Ramanathapuram District.

3.The Inspector of Police, Kamuthi Police Station, Ramanathapuram District.

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

4/5

L.VICTORIA GOWRI, J.

Rmk Order made in Dated 06.01.2026 5/5