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2026 DAILYLAW 44041 (MAD)

Kottaikrishnan v. The State of Tamilnadu

CRL OP(MD)/12978/2026 · 2026-07-01

R Vijayakumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.(MD).No.12978 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.07.2026 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P(MD)No.12978 of 2026 Kottaikrishnan ... Petitioners/Defacto Complainant Vs 1. The State of Tamil Nadu, Represented by The Superintendent of Police, O/o. The Superintendent of Police, Sivagangai District. 2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Sivagangai District. 3. The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District. ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, 2023, directing the first respondent to transfer the investigation in Crime No. 122 of 2026 on the file of the third respondent to any other competent investigating agency by considering the petitioner's representation dated 14.06.2026 within a time frame fixed by this Court. For Petitioner : Mr.B.Thanga Aravindh 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.12978 of 2026 For Respondents : Mr.B.Arun Counsel for State of TN(Crl.Side) ORDER The present petition has been filed by the defacto complainant in Crime No.122 of 2026 on the file of the third respondent police seeking a direction to transfer the investigation to any other agency, based upon his representation dated 14.06.2026. 2. A perusal of the FIR reveals that on 21.03.2026 at about 07.00 p.m, the petitioner's son-in-law along with his friends, had entered into the house of the petitioner and abused and attacked the petitioner and his wife. It is further alleged that the accused persons were in an inebriated mood. Even though the accused persons were available on the spot, the police officials have not arrested them they were let free and they were not arrested for the past three months. He further submits that proper provisions under the BNS Act as well as under the Tamil Nadu Prohibition of Harassment of Women Act have not been invoked. 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.12978 of 2026 3. The learned counsel appearing for the petitioner pointed out that a detailed representation has been addressed to the police officials on 14.06.2026. Despite the receipt of the same, so far, no action has been intiated. Hence he has come forward the present application for transfer of investigation. 4. Per contra, the learned Counsel for State of TN(Crl.Side) appearing for the third respondent submitted that the accused person have got anticipatory bail order before this Court and they could not be arrested and they are awaiting for the wound certificate from the concerned medical officials. As and when they recieved the same, they will file a final report. 5. In view of the above said facts, there shall be a direction to the third respondent to complete the investigation and file the final report within a period of one month from the date of receipt of a copy of this order. 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.12978 of 2026 6. With the above said observations, this Criminal Original Petition stands disposed of. 01.07.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To 1. The Superintendent of Police, O/o. the Superintendent of Police, Sivagangai District. 2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Sivagangai District. 3. The Inspector of Police, Kalaiyarkovil Police Station, Sivagangai District. 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.12978 of 2026 R.VIJAYAKUMAR,J. ebsi Crl.O.P(MD)No.12978 of 2026 01.07.2026 5/5 https://www.mhc.tn.gov.in/judis