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2023 DAILYLAW 4717 (MAD)

P.Balasubramanian v. The Superintendent of Police

CRL OP(MD)/11026/2023 · 2026-06-04

P Dhanabal

Transfer Petitionbody2023

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.(MD)No.11026 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 04.06.2026 CORAM THE HON'BLE MR.JUSTICE P.DHANABAL Crl.O.P.(MD)No.11026 of 2023 P.Balasubramanian .. Petitioner Vs. 1.The Superintendent of Police Office of the Superintendent of Police Sivagangai District 2. The Deputy Superintendent of Police Office of the Deputy Superintendent of Police Devakottai Sub Division, Sivagangai District 3. The Inspector of Police Kallal Police Station, Sivagangai .. Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C., directing the first respondent to appoint a competent police officer other than the third respondent to investigate the case in Crime No.49 of 2023 on the file of the third respondent within the time stipulated by this Court. For Petitioners : Mr.Sabeer Mohamed For Respondents : Mr.N.Balasubramanian Counsel for State of Tamil Nadu(Crl.Side) 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.11026 of 2023 ORDER This Criminal Original Petition has been filed to direct the first respondent to appoint a competent police officer other than the third respondent to investigate the case in Crime No.49 of 2023 on the file of the third respondent within the time stipulated by this Court. 2. According to the petitioner he is the defacto complainant in this case and based on the complaint given by the petitioner a case has been registered in Crime No.49 of 2023 for the offences under Sections 147,448,294(b),323 and 379 of IPC. Thereafter the third respondent has not conducted investigation properly. Even after registration of the First Information Report after a long time the charge sheet has not been filed, therefore investigation has to be taken to some other officials. 3. The learned Government Advocate appearing for the respondents would submit that due to some unavoidable circumstances the respondents are unable to complete the investigation. Now the previous investigation officer has been transferred to some other police station and the present investigation officer will complete the investigation within a period of two months and prayed to extend the time to complete the investigation. 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.11026 of 2023 4. Heard both sides and perused the materials available on record. 5.On perusal of records it is seen that the First Information Report has been registered by the third respondent in Crime No.49 of 2023 for the offences under Sections 147,448,294(b),323 and 379 of IPC. Thereafter after the past three years no effective steps have been taken to complete the investigation and file final report. The previous investigation officer has been transferred and now the present investigation officer has assured to complete the investigation within two months. 6. Recording the above said submission, this Court directs the third respondent to complete the investigation and file final report within a period of two months without any further delay. The second respondent is directed to monitor the investigation of the third respondent. 7. With the above direction, the Cirminal Original Petition stands disposed of. 04.06.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No aav 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.11026 of 2023 To 1.The Superintendent of Police Office of the Superintendent of Police Sivagangai District 2. The Deputy Superintendent of Police Office of the Deputy Superintendent of Police Devakottai Sub Division, Sivagangai District 3. The Inspector of Police Kallal Police Station, Sivagangai 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 4/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.11026 of 2023 P.DHANABAL,J. aav Crl.O.P.(MD)No.11026 of 2023 04.06.2026 5/5 https://www.mhc.tn.gov.in/judis