Judgment · High Court

Crl.O.P.No.20478 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDated: 22.07.2025Coram:THE HONOURABLE MR.JUSTICE P.VELMURUGANCrl.O.P.No.20478 of 2025--Nandhagopal, S/o Varadharajan.. PetitionerVs.

The State, rep. by The Superintendent of Police, Chengalpattu.

The Sub-Inspector of Police, Kayar Police Station, Chengalpattu. .. Respondents Criminal Original Petition is filed under Section 482 Cr.P.C. / Section 528 BNSS, praying to transfer the investigation in Crime No.116 of 2024 from the second respondent to any other independent investigating agency and file final areport within a stipulated time period as may be fixed by this Court. For petitioner : M/s.S.Arun KumarFor respondents: Mr.S.Vinoth Kumar, Govt. Advocate (Crl. Side)ORDERThis petition is filed to transfer the investigation in Crime No.116 of 2024 from the second respondent to any other independent investigating Page No. 1 / 5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20478 of 2025agency and file final report within a stipulated time period as may be fixed by this Court.2. Learned counsel for the petitioner submitted that though the petitioner gave a complaint before the second respondent, they have refused to register the case and therefore, they have approached the Magistrate under Section 156(3) Cr.P.C. for issuing direction to register the case. The learned Magistrate refused to grant the relief and thereafter, the petitioner has approached this Court and filed a petition for a direction and the FIR was registered and subsequently, one of the accused was arrested and he also obtained bail. One of the accused has not been secured so far. The respondents-Police are not showing any progress and therefore, though a case was registered in the year 2022, he ws able to get only registration of the FIR in the year 2024. Even after two years, the petitioner is not able to see the light of the investigation and therefore, the present petition is filed by him.

Learned Government Advocate appearing for the respondents submitted that though one of the accused was arrested and he also obtained bail with conditions, since he did not comply with the condition imposed by the order and the order of bail was granted to the accused, subsequently, the bail was cancelled and he was also arrested and he is in Page No. 2 / 5 https://www.mhc.tn.gov.in/judis Crl.O.P.No.20478 of 2025prison. One of the accused is absconding. This is a case of job racketing and the respondents are taking effective steps to conclude the investigation.

Heard both sides and perused the materials available on record.

The petitioner, though initially filed a petition under Section 156(3) Cr.P.C. before the Magistrate, the same was dismissed and subsequently, on the direction of this Court, the case was registered in Crime No.116 of 2024 and now, the investigation is in progress. The grounds taken by the petitioner are not the grounds to transfer the investigation. Therefore, the respondents-Police are directed to conclude the investigation and file the charge-sheet within two months from the date of receipt of a copy of this order, failing which, this case shall automatically stand transferred to CCB for further investigation.