Crl.O.P.No. 11120 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.04.2025 CORAM: THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 11120 of 2025 Sindhupriya ..... Petitioner Vs 1.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004. 2.The Superintendent of Police, District Police Station, Salem District, Salem-636 002. 3.The Deputy Superintendent of Police, Vazhapadi Sub-Divsion, Vazhapadi, Salem District. 4.The Inspector of Police, All Women Police Station, Vazhapadi, Salem District. Cr.No.09/2025. ..... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to transfer the investigation https://www.mhc.tn.gov.in/judis Crl.O.P.No. 11120 of 2025 of the case in Crime No.9 of 2025 from the file of the Inspector of Police, All Women Police Station, Vazhapadi, Salem District to the Crime Branch-Criminal Investigation Department (CB-CID) or any other specialized investigating agency For Petitioner : Mr.G.Pugazhenthi For Respondents : Mr.A.Gopinath Government Advocate (Crl.Side) O R D E R This Criminal Original Petition has been filed seeking transfer of investigation in Crime No.9 of 2025 from the file of the fourth respondent to CBCID. 2. Heard the learned counsel appearing on either side and perused the materials available on record. 3. The petitioner is the victim. Pursuant to her complaint, the fourth respondent registered an FIR in Crime No.9 of 2025 for the offences punishable under Sections 417, 376(2)(m) of IPC. Thereafter, no investigation is under progress. Page 2 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No. 11120 of 2025 4. Initially, though the petitioner lodged a complaint, no FIR was registered. Only after the intervention of the higher officials and also a direction issued by the Chief Minister's Special Cell, an FIR was registered invoking Sections 417, 376(2)(m) of IPC. It is pertinent to note that the alleged incident occurred when the petitioner was a minor. Therefore, the learned counsel for the petitioner sought for transfer of investigation from the file of the fourth respondent to CBCID. 5. The learned Government Advocate (Crl.Side) appearing for the respondents submitted that the offences have been altered to Sections 5(I) r/w 6(1) of the POCSO Act as against the accused. The fourth respondent had insisted the petitioner to arrive at a compromise with the accused. However, the accused has obtained anticipatory bail. Under such circumstances, if there is a transfer of investigation from the file of the fourth respondent, the entire investigation already done by the fourth respondent would be affected. 6. In view of the above, the fourth respondent is directed to complete the investigation and file a final report within a period of twelve weeks from the date of receipt of a copy of this order. The third https://www.mhc.tn.gov.in/judis Crl.O.P.No. 11120 of 2025 respondent is directed to monitor the investigation conducted by the fourth respondent and must ensure that the direction issued by this Court is duly complied with by the fourth respondent. 7. With the above direction, this Criminal Original Petition stands disposed of. 21.04.2025 Index : Yes/No Neutral citation : Yes/No Speaking/non-speaking order Lpp To 1.The Director General of Police, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004. 2.The Superintendent of Police, District Police Station, Salem District, Salem-636 002. 3.The Deputy Superintendent of Police, Vazhapadi Sub-Divsion, Vazhapadi, Salem District. 4.The Inspector of Police, All Women Police Station, Vazhapadi, Salem District. Page 4 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No. 11120 of 2025 5.The Public Prosecutor, High Court, Madras. Page 5 of 6 https://www.mhc.tn.gov.in/judis Crl.O.P.No. 11120 of 2025 G.K.ILANTHIRAIYAN, J. Lpp Crl.O.P.No.11120 of 2025 21.04.2025 https://www.mhc.tn.gov.in/judis