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2026 DAILYLAW 61483 (MAD)

Mariappan v. The State of Tamilnadu rep by

CRL OP(MD)/16969/2026 · 2026-08-11

R Vijayakumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.O.P.(MD).No.16969 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2026 CORAM: THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR Crl.O.P(MD)No.16969 of 2026 Mariappan ... Petitioner Vs 1. The State of Tamil Nadu, Represented by The Superintendent of Police, Office of the Superintendent of Police, Tirunelveli District. 2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thalaiyoothu Sub Division, Tirunelveli District. 3. The Inspector of Police, Manoor Police Station, Tirunelveli District. (FIR in Crime No.712 of 2026) ... Respondents PRAYER : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the first respondent to withdraw the case in Crime No.712 of 2026 on the file of the third respondent and entrust the same to the any other official other than the second respondent to complete the investigation and file final report within the time stipulated by this Court. For Petitioner : Dr.R.Alagumani 1/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.16969 of 2026 For Respondents : Mr.B.Arun Government Advocate (Crl.Side) ORDER The present petition has been filed by the defacto complainant in Crime No.712 of 2026 on the file of the third respondent police seeking to transfer of investigation to any other respondent other than the second respondent. 2. A perusal of the records reveal that an FIR has been registered as against the accused persons for the alleged offences under Sections 296(b), 115 (2) and 351(2) of BNS, 2023 r/w Section 3(1)(r) and 3(1) (s) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989. 3. According to the learned counsel appearing for the petitioner, the second respondent alone is the competent person to investigate the matter and not the third respondent. He further submitted that the second respondent is colluding with the accused persons and therefore, the investigation may be transferred to some other authority other than the second respondent. 2/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.16969 of 2026 4. Except the vague allegations on the part of the petitioner that the second respondent is colluding with the accused persons, no concrete materials placed before this Court. This Court could find that the FIR has been registered on 06.06.2026 and the investigation is in progress. 5. Considering the above said facts, there shall be a direction to the second respondent to conduct investigation in a fair manner and file a appropriate final report before the concerned Court within a period of two months from the date of receipt of a copy of this order. The said investigation shall be monitored by the first respondent. 6. With the above said observation, this Criminal Original Petition is disposed of. 11.08.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi 3/5 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.16969 of 2026 To 1. The Superintendent of Police, Office of the Superintendent of Police, Tirunelveli District. 2. The Deputy Superintendent of Police, Office of the Deputy Superintendent of Police, Thalaiyoothu Sub Division, Tirunelveli District. 3. The Inspector of Police, Manoor Police Station, Tirunelveli 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.16969 of 2026 R.VIJAYAKUMAR,J. ebsi Crl.O.P(MD)No.16969 of 2026 11.08.2026 5/5 https://www.mhc.tn.gov.in/judis