High Court · 2025

Crl.O.P.No.21303 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.07.2025Coram: THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.21303 of 2025Golusam Beevi... PetitionerVs.1. The Superintendent of Police Namakkal District Namakkal - 637 0032. The Inspector of Police Komarapalayam Police Station Crime No.137 of 2023 Namakkal District3. The District Crime Branch District Police Office Namakkal - 637 003... RespondentsPrayer: Criminal Original Petition filed under Section 528 of B.N.S.S., to withdraw the investigation in Crime No.137 of 2023 from the file of the second 1/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21303 of 2025respondent and to transfer the same to the third respondent for fair and thorough investigation in Crime No.137 of 2023 For Petitioner : Mr.N.ManoharaFor Respondents : Mr.S.Vinoth Kumar Government Advocate (Crl. Side)ORDERThis Criminal Original Petition has been filed by the petitioner to withdraw the investigation in Crime No.137 of 2023 from the file of the second respondent and to transfer the same to the third respondent for fair and thorough investigation in Crime No.137 of 2023.2. The case of the petitioner is that based on the complaint given by the petitioner, the second respondent police had registered a case in Crime No.137 of 2023 against the accused namely M.P.Nagarajan and Sakthivel for the offence under Section 420 IPC on 10.04.2023. Subsequently, the accused filed a petition before this Court in Crl.O.P.No.8714 of 2023 seeking the relief of anticipatory bail and while considering the same, this Court by order dated 2/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21303 of 202512.03.2024, directed the accused to deposit a sum of Rs.10 lakhs to the credit of crime number and on such deposit, the Judicial Magisterial, Komarapalayam was directed to pay a sum of Rs.8 lakhs to the defacto complainant and the balance sum of Rs.2 lakhs was directed to be deposited in an interest earning Fixed Deposit in any one of the Nationalized Banks. The accused instead of complying with the said order, filed SLP (Crl.) No.5492 of 2024 before the Hon'ble Supreme Court and subsequently, the same was dismissed as withdrawn on 24.04.2024. Again, the accused filed a petition before this Court in Crl.O.P.No.15554 of 2024 seeking to quash the FIR in Crime No.137 of 2023 and the same was dismissed by this Court on 19.03.2025 by directing the second respondent to complete the investigation and to file a final report within a period of 12 weeks from the date of receipt of a copy of the order. However, till date, the second respondent neither filed the charge sheet nor secured the accused. Therefore, the present petition is filed for transfer of investigation from the second respondent to third respondent.3/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21303 of 20253. The contention of the petitioner is that the second respondent is hand in glove with the accused and sailing on the accused and thereby they have not taken any action against the accused despite the accused has not complied with the conditional order.4. Heard both sides and perused the materials available on record.5. It is seen from the records that the petitioner is the complainant and based on his complaint, the second respondent police registered a case against the accused in Crime No.137 of 2023 for the offences under Section 420 IPC. Subsequently, the accused approached this Court for anticipatory bail by way filing a petition in Crl.O.P.No.8714 of 2023 and while considering the same, this Court by order dated 12.03.2024, directed the accused to deposit a sum of Rs.10 lakhs to the credit of Crime number. Out of which, the petitioner was given liberty to take Rs.8 lakhs and the remaining Rs.2 lakhs was directed to be deposited in an interest bearing fixed deposit, by the Judicial Magistrate, Komarapalayam in any one of the Nationalized Banks. Challenging the said 4/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21303 of 2025order, the accused approached the Hon'ble Supreme Court by filing a petition in SLP (Crl.) No.5492 of 2024 and later, the same was dismissed as withdrawn on 24.04.2024. However, the second respondent had not taken any action against the accused persons. Thereafter, once again the accused approached this Court by way of filing a petition in Crl.O.P.No.15554 of 2024 seeking to quash the FIR in Crime No.137 of 2023and this Court by order dated 19.03.2025, dismissed the same and directed the second respondent police herein, to complete the investigation and file the final report within a period of 12 weeks from the date of receipt of a copy of the order. Even thereafter, the second respondent police had not proceeded with the investigation and filed the charge sheet and complied with the order of this Court dated 19.03.2025. Further, even though the accused had not complied with the conditional order passed by this Court while granting anticipatory bail, the second respondent had not taken any action against the accused, which clearly shows that the second respondent police is sailing on the accused. Under these circumstances, 5/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21303 of 2025this Court is of the opinion that if the second respondent police is allowed to continue the investigation, there may not be a fair investigation. Therefore, this Court finds a valid reason for transfer of investigation from the second respondent to the third respondent.6. Accordingly, the second respondent is directed to handover the case files to the third respondent immediately. On receipt of the same, the third respondent is directed to conduct the investigation and file the charge sheet within a period of four months thereafter. 7. Further, the Director General of Police is directed to take action against the Officer/s who have been holding the post of Investigating Officer/Station House Officer in the second respondent police station from the date of FIR i.e. from 10.04.2023 to till date, for not conducting the investigation and complying with the order of this Court and file action taken report before this Court on or before 12.09.2025.6/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21303 of 20258. With the above directions, this Criminal Original Petition is disposed of.9. List the matter on 12.09.2025 “for reporting compliance”30.07.2025Index : Yes / No Speaking Order: Yes / NoNeutral Citation Case : Yes/Noksa-2To1. The Director General of Police Chennai2. The Superintendent of Police Namakkal District, Namakkal - 637 0033. The Inspector of Police Komarapalayam Police Station Namakkal District4. The District Crime Branch District Police Office, Namakkal - 637 0035. The Public Prosecutor High Court of Madras, Chennai7/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21303 of 2025P.VELMURUGAN,J.Ksa-2Crl.O.P.No.21303 of 202530.07.20258/8

Crl.O.P.No.21303 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 30.07.2025Coram: THE HONOURABLE MR. JUSTICE P.VELMURUGAN Crl.O.P.No.21303 of 2025Golusam Beevi... PetitionerVs.1. The Superintendent of Police Namakkal District Namakkal - 637 0032. The Inspector of Police Komarapalayam Police Station Crime No.137 of 2023 Namakkal District3. The District Crime Branch District Police Office Namakkal - 637 003... RespondentsPrayer: Criminal Original Petition filed under Section 528 of B.N.S.S., to withdraw the investigation in Crime No.137 of 2023 from the file of the second 1/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21303 of 2025respondent and to transfer the same to the third respondent for fair and thorough investigation in Crime No.137 of 2023 For Petitioner : Mr.N.ManoharaFor Respondents : Mr.S.Vinoth Kumar Government Advocate (Crl. Side)ORDERThis Criminal Original Petition has been filed by the petitioner to withdraw the investigation in Crime No.137 of 2023 from the file of the second respondent and to transfer the same to the third respondent for fair and thorough investigation in Crime No.137 of 2023.2. The case of the petitioner is that based on the complaint given by the petitioner, the second respondent police had registered a case in Crime No.137 of 2023 against the accused namely M.P.Nagarajan and Sakthivel for the offence under Section 420 IPC on 10.04.2023. Subsequently, the accused filed a petition before this Court in Crl.O.P.No.8714 of 2023 seeking the relief of anticipatory bail and while considering the same, this Court by order dated 2/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21303 of 202512.03.2024, directed the accused to deposit a sum of Rs.10 lakhs to the credit of crime number and on such deposit, the Judicial Magisterial, Komarapalayam was directed to pay a sum of Rs.8 lakhs to the defacto complainant and the balance sum of Rs.2 lakhs was directed to be deposited in an interest earning Fixed Deposit in any one of the Nationalized Banks. The accused instead of complying with the said order, filed SLP (Crl.) No.5492 of 2024 before the Hon'ble Supreme Court and subsequently, the same was dismissed as withdrawn on 24.04.2024. Again, the accused filed a petition before this Court in Crl.O.P.No.15554 of 2024 seeking to quash the FIR in Crime No.137 of 2023 and the same was dismissed by this Court on 19.03.2025 by directing the second respondent to complete the investigation and to file a final report within a period of 12 weeks from the date of receipt of a copy of the order. However, till date, the second respondent neither filed the charge sheet nor secured the accused. Therefore, the present petition is filed for transfer of investigation from the second respondent to third respondent.3/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21303 of 20253. The contention of the petitioner is that the second respondent is hand in glove with the accused and sailing on the accused and thereby they have not taken any action against the accused despite the accused has not complied with the conditional order.4. Heard both sides and perused the materials available on record.5. It is seen from the records that the petitioner is the complainant and based on his complaint, the second respondent police registered a case against the accused in Crime No.137 of 2023 for the offences under Section 420 IPC. Subsequently, the accused approached this Court for anticipatory bail by way filing a petition in Crl.O.P.No.8714 of 2023 and while considering the same, this Court by order dated 12.03.2024, directed the accused to deposit a sum of Rs.10 lakhs to the credit of Crime number. Out of which, the petitioner was given liberty to take Rs.8 lakhs and the remaining Rs.2 lakhs was directed to be deposited in an interest bearing fixed deposit, by the Judicial Magistrate, Komarapalayam in any one of the Nationalized Banks. Challenging the said 4/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21303 of 2025order, the accused approached the Hon'ble Supreme Court by filing a petition in SLP (Crl.) No.5492 of 2024 and later, the same was dismissed as withdrawn on 24.04.2024. However, the second respondent had not taken any action against the accused persons. Thereafter, once again the accused approached this Court by way of filing a petition in Crl.O.P.No.15554 of 2024 seeking to quash the FIR in Crime No.137 of 2023and this Court by order dated 19.03.2025, dismissed the same and directed the second respondent police herein, to complete the investigation and file the final report within a period of 12 weeks from the date of receipt of a copy of the order. Even thereafter, the second respondent police had not proceeded with the investigation and filed the charge sheet and complied with the order of this Court dated 19.03.2025. Further, even though the accused had not complied with the conditional order passed by this Court while granting anticipatory bail, the second respondent had not taken any action against the accused, which clearly shows that the second respondent police is sailing on the accused. Under these circumstances, 5/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21303 of 2025this Court is of the opinion that if the second respondent police is allowed to continue the investigation, there may not be a fair investigation. Therefore, this Court finds a valid reason for transfer of investigation from the second respondent to the third respondent.6. Accordingly, the second respondent is directed to handover the case files to the third respondent immediately. On receipt of the same, the third respondent is directed to conduct the investigation and file the charge sheet within a period of four months thereafter. 7. Further, the Director General of Police is directed to take action against the Officer/s who have been holding the post of Investigating Officer/Station House Officer in the second respondent police station from the date of FIR i.e. from 10.04.2023 to till date, for not conducting the investigation and complying with the order of this Court and file action taken report before this Court on or before 12.09.2025.6/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21303 of 20258. With the above directions, this Criminal Original Petition is disposed of.9. List the matter on 12.09.2025 “for reporting compliance”30.07.2025Index : Yes / No Speaking Order: Yes / NoNeutral Citation Case : Yes/Noksa-2To1. The Director General of Police Chennai2. The Superintendent of Police Namakkal District, Namakkal - 637 0033. The Inspector of Police Komarapalayam Police Station Namakkal District4. The District Crime Branch District Police Office, Namakkal - 637 0035. The Public Prosecutor High Court of Madras, Chennai7/8 https://www.mhc.tn.gov.in/judis Crl.O.P.No.21303 of 2025P.VELMURUGAN,J.Ksa-2Crl.O.P.No.21303 of 202530.07.20258/8