High Court · 2025

Crl. O.P. Nos. 6736 & 6309 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 13.03.2025CORAM:THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYANCrl. O.P. Nos. 6736 & 6309 of 2025andCrl. M.P. No. 4296 of 2025Crl.O.P.No.6736 of 2025A.S. Suganthi @ V. Sukanthi ... PetitionerVs.1.State by Deputy Superintendent of Police, District Crime Branch, Namakkal.2.The Superintendent of Police (Cyber Cell), Controlling Officer for Namakkal CBCID, CBCID, Chennai.3.The Inspector of Police, CICID, Namakkal District.4.P. Sengodan5.A.SE. Angkammal... Respondents(R4 & R5 impleaded as per order dated 13.03.2025)PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to transfer the investigation in Crime No.11 of 2023 dated 20.12.2023 on the file of the first respondent police to the file of the third respondent or to any other officer nominated by the second respondent and thus render justice.Page 1 of 10 https://www.mhc.tn.gov.in/judis Crl. O.P. Nos. 6736 & 6309 of 2025For Petitioner : Mr. R. Srinivas, Senior Counselfor Mr. M. SanthanaramanFor Respondents : Mr. A. Gopinath,Government Advocate (Crl. Side)Crl. O.P. No. 6309 of 20251.P. Sengoday2.A.SE. Angkammal ... PetitionersVs.1.The State represented by The Superintendent of Police, Namakkal District, Namakkal.2.The Inspector of Police, District Crime Branch, Namakkal.3.A.S. Suganthi @ V. Suganthi... Respondents(R3 impleaded as per order dated 13.03.2025)PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the respondents to complete the investigation in Crime No. 11 of 2023 on the file of the 1st respondent police and to file a final report before the concerned Judicial Magistrate within a time stipulated by this Court.For Petitioner : Mr. P.V. Balasubramaniam, Senior Counselfor Mr. N. ManojkumarFor Respondents : Mr. A. Gopinath, for R1 & R2Government Advocate (Crl. Side)Mr. N.G. Pressanna, for R3Page 2 of 10 https://www.mhc.tn.gov.in/judis Crl. O.P. Nos. 6736 & 6309 of 2025C O M M O N O R D E RCrl. O.P. No. 6736 of 2025 has been filed for transfer of investigation in Crime No. 11 of 2023 from the file of first respondent to the file of third respondent or to any other officer nominated by the second respondent.2. The petitioner is the complainant. On her complaint, the first respondent registered an FIR in Crime No. 11 of 2023 for the offences punishable under Sections 120B, 465, 468, 471, 420, 409 and 109 of IPC as against three named accused persons and others. While pending investigation, the first respondent compelled the petitioner to sign the compromise entered between the petitioner and accused, failing which, the FIR will be closed as mistake of fact.3. In fact, the three accused filed a petition to quash the FIR before this Court and the same was dismissed by this Court by order dated 30.07.2024 in Crl. O.P. No. 5941 of 2024.Page 3 of 10 https://www.mhc.tn.gov.in/judis Crl. O.P. Nos. 6736 & 6309 of 20254. That apart, the petitioner also filed a complaint before the Human Rights Commission and on receipt of the same, they issued summons to the respondents as well as to the petitioner by the Human Rights Commission and it is pending for enquiry.5. Crl. O.P. No. 6309 of 2025 has been filed by the accused / Sengodan & A.SE. Angkammal in Crime No.11 of 2023 on the file of the first respondent for filing final report within the stipulated time.6. Learned Senior Counsel for the petitioners namely the accused in Crime No.11 of 2023 submitted that the petitioners are aged about 82 and 70 years respectively. As such, they want to speed up the investigation to complete the same in Crime No.11 of 2023.7. In Crl.O.P.No. 6309 of 2025, the complainant namely the petitioner in Crl. O.P. No. 6736 of 2025 filed an application to implead herself and sough for direction by the respondent to file a final report in Crime No. 11 of 2023 within the stipulated time.Page 4 of 10 https://www.mhc.tn.gov.in/judis Crl. O.P. Nos. 6736 & 6309 of 20258. Learned counsel for the complainant would submit that the petitioners are in the same habit that after obtaining direction from this Court for filing final report, thereafter, compel the investigation agency to close the FIR by influence. The accused persons are habitual offender and they committed these kind of similar offences for the past several years.9. Learned Government Advocate (Crl. Side) submitted that the Inspector of Police, District Crime Branch is proceeded with the investigation and whenever the defacto complainant was called for enquiry they are seeking time and they are not cooperating with the investigation officer.10. On perusal of the record, it reveals that the defacto complainant lodged complaint before the Human Rights Commission and made very serious allegations as against the investigation officer. The allegations are as follows: - Page 5 of 10 https://www.mhc.tn.gov.in/judis Crl. O.P. Nos. 6736 & 6309 of 2025Page 6 of 10 https://www.mhc.tn.gov.in/judis Crl. O.P. Nos. 6736 & 6309 of 2025Page 7 of 10 https://www.mhc.tn.gov.in/judis Crl. O.P. Nos. 6736 & 6309 of 202511. Therefore, considering the above said allegations, the State Human Rights Commission had taken the complaint on file in 943/22/44/2025 and issued summons to the petitioner and respondents and it is pending for adjudication.Page 8 of 10 https://www.mhc.tn.gov.in/judis Crl. O.P. Nos. 6736 & 6309 of 202512. Therefore, the petitioner in Crl.O.P.No. 6736 of 2025 made out a case for transfer of investigation in Crime No. 11 of 2023 from the file of the first respondent.13. In view of the above, the investigation in Crime No.11 of 2023 is hereby withdrawn from the file of the first respondent and transfer the same to the file of the third respondent for further and proper investigation in Crime No.11 of 2023.14. The third respondent is directed to complete the investigation within a period of 12 weeks from the date of receipt of the entire case diary from the file of the first respondent. The second respondent is directed to monitor the investigation done by the third respondent and ensure that the third respondent to complete the investigation within a period of 12 weeks. The complainant is directed to cooperate for the investigation. 15. Accordingly, these Criminal Original Petitions are disposed of. Consequently, connected miscellaneous petition is closed.13.03.2025Index: Yes/NoNeutral citation: Yes/NoATPage 9 of 10 https://www.mhc.tn.gov.in/judis Crl. O.P. Nos. 6736 & 6309 of 2025G.K.ILANTHIRAIYAN, J.ATTo1.The Deputy Superintendent of Police, District Crime Branch, Namakkal.2.The Superintendent of Police (Cyber Cell), Controlling Officer for Namakkal CBCID, CBCID, Chennai.3.The Inspector of Police, CICID, Namakkal District.4.The Public Prosecutor, High Court of Madras.Crl. O.P. Nos. 6736 & 6309 of 2025 andCrl. M.P. No. 4296 of 202513.03.2025Page 10 of 10