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2025 DAILYLAW 159957 (MAD)

Rajadurai v. The State of Tamilnadu, Through The Superintendent of Police

CRL OP(MD)/14449/2025 · 2025-09-02

Sunder Mohan

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.(MD)No.14449 of 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.09.2025 CORAM THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.14449 of 2025 1.Rajadurai 2.P.Shanthi ... Petitioners/Defacto Complainant Vs. 1.The State of Tamil Nadu through, The Superintendent of Police, O/o.Superintendent of Police, Ramanathapuram District, Ramanathapuram. 2.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Thiruvadanai, Ramanathapuram District. 3.The Sub-Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District. (Ref.Crime No.111 of 2025) ...Respondents Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to transfer the investigation in Crime No.111/2025 on the file of the 3rd respondent to any other Inspector of Police within the jurisdiction of Ramanathapuram District and consequently directing the 1st respondent to supervise the investigation and file a final report in accordance with law. 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.14449 of 2025 For Petitioners : Mr.R.Manickam For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor ORDER The petitioners have sought for transfer of investigation in Crime No.111 of 2025 mainly on the ground that the investigation has been delayed and it is not conducted in an effective manner. 2. The learned Additional Public Prosecutor, on instructions, would submit that the respondents had conducted an effective investigation; that they had also filed a final report before the jurisdictional Magistrate on 24.06.2025 for the offences under Section 296(b), 115(2), 118(1) and 351(2) of BNS, 2023 against three accused; and that the same is yet to be taken on file. 3. The learned counsel for the petitioners however would submit that there are also certain other offences made out on the allegations in the FIR, which have been omitted and some accused have also been omitted by the respondents in the final report. 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.14449 of 2025 4. Since the respondents have already filed a final report, the question of transfer of investigation does not arise. However, the petitioners, who are the victims, are at liberty to approach the learned Magistrate concerned, if they have any grievance with regard to non-inclusion of accused or non-inclusion of offences. 5. With the above liberty, this Criminal Original Petition stands dismissed. 02.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No Lm To 1.The Superintendent of Police, O/o.Superintendent of Police, Ramanathapuram District, Ramanathapuram. 2.The Deputy Superintendent of Police, O/o.Deputy Superintendent of Police, Thiruvadanai, Ramanathapuram District. 3.The Sub-Inspector of Police, Thiruvadanai Police Station, Ramanathapuram District. 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD)No.14449 of 2025 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.14449 of 2025 SUNDER MOHAN, J. Lm Crl.O.P(MD).No.14449 of 2025 02.09.2025 5/5 https://www.mhc.tn.gov.in/judis