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2026 DAILYLAW 61940 (MAD)

S.M. Settu v. The State of Tamilnadu rep by

CRL OP(MD)/17746/2026 · 2026-08-18

R Vijayakumar

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Crl.OP(MD) No.17746 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.08.2026 CORAM THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.17746 of 2026 S.M. Settu ... Petitioner Vs 1. The State of Tamilnadu Rep By, The Commissioner of Police, Trichy City, Trichy District.. 2. Francis Pream Ananth, The Inspector of Police, Kottai Police Station, Trichy District.. 3. Manikkavasagam ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of BNSS., to withdraw the investigation on the file of the 1st respondent and transfer the same to any other investigating agency. For Petitioner : Mr. V.G.Vallarasu Chezhiyan For Respondents : Mr.V.Shathurthi Raja Government Advocate (Crl.Side) for R1 1/4 https://www.mhc.tn.gov.in/judis Crl.OP(MD) No.17746 of 2026 ORDER The present petition has been filed seeking a direction as against the first respondent to transfer the complaint to some other investigating agency. 2.Perusal of the records reveal that the petitioner is a lessee of a building belonging to the Trichy Municipal Corporation. Due to non-payment of rent, order of eviction has been passed and they have sought police protection from the second respondent police. 3.Pursuant to the eviction order, the petitioner has been evicted from the premises with the help of the police. For which, the petitioner has lodged a complaint as against the second respondent and as against other officers in the Muncipal Corporation, Trichy. However, there is no response on the side of the first respondent, the present application has been filed seeking to transfer the investigation to some other agency. 4.According to the learned counsel appearing for the petitioner, the act of the respondents herein would amount to criminal trespass into the property and therefore, appropriate action has to be initiated as against the second and third respondents. 2/4 https://www.mhc.tn.gov.in/judis Crl.OP(MD) No.17746 of 2026 5.Heard the learned counsel appearing for the petitioner and perused the materials available on record. 6.As could be seen from the records that an order of eviction has been passed as against the petitioner herein for non-payment of rent to the Trichy Municipal Corporation and only on the request of the Municipal Corporation, the police officials have accompanied the Corporation officials to to provide police protection to carry out the eviction orders. 7.In such circumstances, this Court does not find any reason to issue any direction to the first respondent to register any criminal case or transfer of investigation. There are no merits in the petition. Hence, this Criminal Original Petition stands dismissed. 18.08.2026 NCC : Yes/No Index : Yes/No Internet: Yes/No PNM To 1.The Commissioner of Police, Trichy City, Trichy District.. 2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4 https://www.mhc.tn.gov.in/judis Crl.OP(MD) No.17746 of 2026 R.VIJAYAKUMAR , J. PNM ORDER MADE IN Crl.OP.(MD)No.17746 of 2026 18.08.2026 4/4 https://www.mhc.tn.gov.in/judis